Williams v. Huha et al

Filing 7

ORDER on Defendant's Motion to Dismiss and ORDER VACATING January 7, 2013 Hearing Date, signed by District Judge Anthony W. Ishii on 11/29/12: Defendant City of Madera's motion to dismiss is DENIED without prejudice. (Hellings, J)

1
2
3

IN THE UNITED STATES DISTRICT COURT FOR THE

4

EASTERN DISTRICT OF CALIFORNIA

5
6

)
)
Plaintiff,
)
v.
)
)
REX LEE HUHA, et al.,
)
)
)
Defendants.
)
____________________________________)
LANA K. WILLIAMS,

7
8
9
10

1:12-CV-1888 AWI GSA
ORDER ON DEFENDANT’S
MOTION TO DISMISS AND
ORDER VACATING
JANUARY 7, 2013 HEARING
DATE
(Doc. No. 3)

11
12
13

Defendant City of Madera has filed a motion to dismiss for lack of jurisdiction. Hearing

14

on this motion is set for January 7, 2013. However, Plaintiff’s motion to proceed in forma

15

pauperis was granted after Defendant filed its motion to dismiss. Since in forma pauperis status

16

has been granted, the complaint will be screened by the Magistrate Judge. Because the

17

Magistrate Judge has yet to screen the complaint, Defendant’s motion to dismiss is premature.

18

The Court will vacate the hearing and deny the motion to dismiss without prejudice. Following

19

the screening by the Magistrate Judge, if Defendant believes that dismissal is still warranted, then

20

Defendant may refile its motion to dismiss at that time.

21
22
23

Accordingly, IT IS HEREBY ORDERED that:
1.

24

The January 7, 2013, hearing on Defendant City of Madera’s motion to dismiss is
VACATED; and

25

2.

Defendant City of Madera’s motion to dismiss is DENIED without prejudice.

26

IT IS SO ORDERED.

27
28

Dated:
0m8i78

November 29, 2012
UNITED STATES DISTRICT JUDGE