Curry v. Heid, et al.

Filing 16

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/8/2013 vacating hearing date and taking matter under submission re 9 , 12 Motion to Dismiss. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD E. CURRY, Sr.,

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Plaintiff,

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No. 1:13-cv-01382 – LJO-BAM

v.
TOM HEID, RICHARD MEHAFFEY,
UNITED STATES,

ORDER VACATING HEARING DATE
AND TAKING MATTER UNDER
SUBMISSION
(Doc. 12).

Defendant.

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Defendant United States has filed a motion to dismiss the complaint of Plaintiff Clifford
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Curry for lack of subject matter jurisdiction and failure to state a claim. (Doc. 9). The matter is
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currently set for hearing and decision on November 15, 2013, at 9:00 a.m. before the Honorable
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Judge Barbara A. McAuliffe. On November 5, 2013, the last of the briefing was timely received.
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(Docs. 14, 15). The Court has reviewed the moving papers and has determined that this matter
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has been adequately briefed and is suitable for decision without oral argument. Local Rule
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230(g).
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Therefore, IT IS HEREBY ORDERED that:
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1.

The previously set hearing date of November 15, 2013, is VACATED, the parties

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shall not appear at that time, and the Court will take the matter under submission and will
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thereafter issue its decision; and
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2.

Defense Counsel shall immediately contact Plaintiff by telephone informing him

of this order and that the hearing has been vacated.
3. The Clerk of the Court is DIRECTED to mail a copy of this order to Plaintiff at the
following addresses:

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Clifford E. Curry, Sr.
301 Standiford Avenue, #243
Modesto, California 95350
Clifford E. Curry, Sr.
1820 Pennebaker Way, No. 274
Manteca, California 95336

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 8, 2013

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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