Fratus v. California Department of Corrections, et al.

Filing 76

ORDER Requiring Defendants to File Response signed by Magistrate Judge Sheila K. Oberto on 10/16/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,

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Plaintiff,

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Case No. 1:12-cv-00906-LJO-SKO (PC)
ORDER REQUIRING DEFENDANTS TO
FILE RESPONSE

v.

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(Doc. 74)
CALIFORNIA DEPT. OF
CORRECTIONS, et al.,

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Defendants.
_____________________________________/

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Plaintiff John Fratus, a state prisoner proceeding pro se and in forma pauperis, filed this
civil rights action pursuant to 42 U.S.C. § 1983 on June 4, 2012. This action is proceeding on
Plaintiff’s second amended complaint against Defendants Callow and Beard for violation of
Plaintiff’s Fourteenth Amendment right to procedural due process.

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On October 14, 2015, Plaintiff filed a motion to dismiss Defendant Beard and his claim
against Beard for injunctive relief.1 Fed. R. Civ. P. 41(a). Defendants shall file a response in

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compliance with Local Rule 230(l).
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Dated:

October 16, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Plaintiff is proceeding against Defendant Beard in his official capacity. Hartmann v. California Dep’t of Corr. &
Rehab., 707 F.3d 1114, 1127 (9th Cir. 2013).