Utley v. Acevedo et al

Filing 74

ORDER Directing Plaintiff to Refile Request and Serve Notice of Motion, signed by Magistrate Judge Stanley A. Boone on 12/15/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
VANCE UTLEY,

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Plaintiff,
vs.
C.O. ACEVEDO, et al.,
Defendants.

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CASE NO.: 1:15-cv-01086-LJO-SAB
ORDER DIRECTING PLAINTIFF TO REFILE
REQUEST AND SERVE NOTICE OF
MOTION
(ECF No. 73)

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On December 14, 2016, Plaintiff filed a document as a first amended status report. The

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document is actually a request for a continuance of the trial in this action. Plaintiff is directed to

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refile his document selecting the correct event in the ECF system.

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Plaintiff is directed to Local Rule 230 for the notice requirements regarding a contested
motion. Pursuant to Rule 230(b),

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Except as otherwise provided in these Rules or as ordered or allowed by the Court, all
motions shall be noticed on the motion calendar of the assigned Judge or Magistrate
Judge. The moving party shall file a notice of motion, motion, accompanying briefs,
affidavits, if appropriate, and copies of all documentary evidence that the moving party
intends to submit in support of the motion. The matter shall be set for hearing on the
motion calendar of the Judge or Magistrate Judge to whom the action has been assigned
or before whom the motion is to be heard not less than twenty-eight (28) days after
service and filing of the motion.

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The Rule provides that if the motion is not properly noticed, “the moving party shall file and

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serve a new notice of motion setting forth a proper time and date.” L.R. 230(b).
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Accordingly, Plaintiff is HEREBY ORDERED to refile his request for a modification of the

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scheduling order and serve a notice of motion setting forth a proper date and time for a hearing on the

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request.

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IT IS SO ORDERED.

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Dated:

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December 15, 2016
UNITED STATES MAGISTRATE JUDGE

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