Perez v. Padilla

Filing 38

ORDER Setting Hearing on Defendant's 30 MOTION to DISMISS, signed by Magistrate Judge Erica P. Grosjean on 1/10/17. Motion Hearing set for 1/31/2017 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH PEREZ,

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1:14-cv-01730 -EPG (PC)
Plaintiff,

vs.

ORDER SETTING HEARING ON
DEFENDANT’S MOTION TO DISMISS
(ECF NO. 30)

R. PADILLA,
Defendant.

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Joseph Perez (“Plaintiff”) is a former state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 15, 2016, R.

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Padilla (“Defendant”) filed a motion to dismiss. (ECF No. 30). While the Court initially vacated

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the hearing that Defendant attempted to set (ECF No. 32), the Court now finds that a hearing on

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the motion to dismiss could be helpful in resolving the issues.

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Accordingly, the Court will set a hearing on Defendant’s motion to dismiss. The parties

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should be prepared to discuss all issues posed by the motion to dismiss, including the Heck bar

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(Heck v. Humphrey, 512 U.S. 477 (1994); Edwards v. Balisok, 520 U.S. 641 (1997); Nettles v.

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Grounds, 830 F.3d 922 (9th Cir. 2016), cert. denied, (U.S. Jan. 9, 2017)). In particular, the parties

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should be prepared to discuss what effect, if any, Plaintiff’s apparent release from prison has on

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the Heck bar, as well as whether a ruling in Plaintiff’s favor in this case would necessarily imply

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the invalidity of the 90-day forfeiture of sentence credits.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. A hearing on Defendant’s motion to dismiss is set before Magistrate Judge Grosjean

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on January 31, 2017, at 2:00 p.m. at the Robert E. Coyle Federal Courthouse, 2500

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Tulare Street, Fresno, CA 93721 in Courtroom #10; and

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2. The parties may either appear in person or by telephone. To appear telephonically, the

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parties are directed to use the following dial-in number and passcode: 1-888-251-

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2909; passcode 1024453.

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IT IS SO ORDERED.
Dated:

January 10, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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