Shehee v. Ahlin et al

Filing 80

ORDER VACATING January 10, 2019, Hearing on 79 Motion for Summary Judgment OR Partial Summary Adjudication, signed by Chief Judge Lawrence J. O'Neill on 10/1/18. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 v. Case No. 1:14-cv-00005-LJO-BAM (PC) ORDER VACATING JANUARY 10, 2019, HEARING ON MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY ADJUDICATION AHLIN, et al., (ECF No. 79) 15 Defendants. 16 Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former state prisoner proceeding pro se and 17 18 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 28, 2018, Defendants Nguyen filed a motion for summary judgment or 19 20 partial adjudication against Plaintiff. (ECF No. 79.) Defendant Nguyen set the motion for 21 hearing before the undersigned on January 10, 2019, at 8:30 a.m. (Id.) As discussed in the Court’s September 28, 2018 order vacating the hearing on Defendant 22 23 Tur’s motion to set aside entry of default, it is the Court’s general practice to apply Local Rule 24 230(l) and certain other local rules concerning actions in which one party is incarcerated and 25 proceeding in propia persona, even when the pro se plaintiff is no longer incarcerated. 26 Accordingly, IT IS HEREBY ORDERED as follows: 27 1. The motion hearing set for January 10, 2019, is VACATED; and 28 /// 1 1 2. Plaintiff’s opposition or statement of non-opposition to Defendant Nguyen’s motion 2 for summary judgment remains due within twenty-one (21) days after the date of 3 service of the motion. 4 5 6 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 1, 2018 UNITED STATES CHIEF DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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