Gonzalez v. The Fresno Sheriff's Department et al

Filing 75

ORDER VACATING September 7, 2018 Hearing on Defendants' Motion to Dismiss and ORDER re Plaintiff's Opposition or Statement of Non-Opposition signed by Magistrate Judge Barbara A. McAuliffe on 8/27/2018. Opposition or Statement of Non-Opposition due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HERNANDEZ GONZALEZ,

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Plaintiff,
v.
THE FRESNO SHERIFF’S
DEPARTMENT, et al.,

ORDER VACATING SEPTEMBER 7, 2018,
HEARING ON DEFENDANTS’ MOTION TO
DISMISS
(ECF No. 74)

Defendants.

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Case No. 1:15-cv-01200-BAM (PC)

Plaintiff Michael Hernandez Gonzalez (“Plaintiff”), who was a pretrial detainee at the

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time of the incident, is proceeding pro se and in forma pauperis in this civil rights action pursuant

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to 42 U.S.C. § 1983. This action proceeds against Defendants Mims, Gutierrez, Palacios, and

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Nemoto for allegedly failing to protect Plaintiff in violation of the Fourteenth Amendment.

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On August 23, 2018, Defendants filed a motion to dismiss this action for Plaintiff’s failure

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to comply with Court orders, or alternatively to amend the discovery and scheduling order. (ECF

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No. 74.) Defendants set the motion for hearing before the undersigned on September 7, 2018, at

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9:00 a.m. (Id.)

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The parties are advised that, pursuant to Local Rule 230(l), “all motions, except motions

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to dismiss for lack of prosecution, filed in actions wherein one party is incarcerated and

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proceeding in propia persona, shall be submitted upon the record without oral argument unless

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otherwise ordered by the Court. Such motions need not be noticed on the motion calendar.”
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Although Plaintiff has apparently been released from custody, it is the Court’s general practice to

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apply Local Rule 230(l) and certain other local rules concerning actions in which one party is

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incarcerated and proceeding in propia persona, even when the pro se plaintiff is no longer

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incarcerated.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The motion hearing set for September 7, 2018, is VACATED; and

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2. Plaintiff’s opposition or statement of non-opposition to Defendants’ motion remains

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due within twenty-one (21) days after the date of service of the motion.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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