Fields v. Patterson et al

Filing 121

ORDER VACATING 67 Motion for Summary Judgment from Court's Calendar, signed by Magistrate Judge Erica P. Grosjean on 8/19/16. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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Plaintiff,
vs.

1:10-cv-01700-LJO-EPG-PC
ORDER VACATING MOTION FOR
SUMMARY JUDGMENT FROM COURT’S
CALENDAR
(ECF No. 67.)

P. PATTERSON, et al.,
Defendants.

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Kevin Fields (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 7, 2015, Defendant

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Patterson filed a motion for summary judgment. (ECF No. 67.) On March 24, 2016, the Court

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stayed the motion for summary judgment under Local Rule 151, pending resolution of

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Defendant’s motion for an order requiring security, filed on February 2, 2016.1 (ECF No. 110.)

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On August 18, 2016, Plaintiff’s motion for an order requiring security was granted, and

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Plaintiff was granted thirty days in which to post security in the amount of $7,905.00. (ECF

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No. 119.) The motion for summary judgment remains stayed until ten days after the security

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has been posted and Defendant has been given written notice thereof. Under this schedule, the

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The Court ordered that “Defendant’s obligation to reply to Plaintiff’s opposition to summary
judgment be stayed until ten days after the required security has been posted and Defendant has been given written
notice thereof, or from the date the District Court declines to adopt these findings and recommendations.” (ECF
No. 110 at 21:9-12.)
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motion for summary judgment shall not be ripe for ruling under Local Rule 230(l) until

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sometime after September 30, 2016.

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In light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, the hearing on the

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motion and the motion itself for summary judgment is HEREBY DEEMED VACATED from

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the Court’s calendar until such time as the motion for order requiring security is resolved.

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IT IS SO ORDERED.
Dated:

August 19, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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