Carroll v. City of Modesto

Filing 9

ORDER VACATING HEARING Date of January 11, 2016, and taking matter under submission, signed by District Judge Anthony W. Ishii on 1/7/2016. (Kusamura, W)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN A. CARROLL,
Plaintiff,

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1:15-cv-1691 AWI SKO

vs.

ORDER VACATING HEARING DATE
OF JANUARY 11, 2016, AND TAKING
MATTER UNDER SUBMISSION

CITY OF MODESTO, and DOES 1-5,

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Doc. # 4
Defendants.

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In this action for damages, defendant City of Modesto (“Defendant”) has moved to

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dismiss the complaint of plaintiff Stephen A. Carroll. The action was removed from Stanislaus
County Superior Court on November 6, 2015. The matter was scheduled for hearing on
Defendant’s motion to dismiss to be held on January 11, 2016. As of this writing, no opposition
has been filed by Plaintiff. The court has reviewed Defendant’s motion and has determined that
the matter is suitable for decision without oral argument. Local Rule 78-230(h). Plaintiff is
hereby notified that, because of his pro se status, the court will give consideration to any writing
filed and served by Plaintiff prior to 4:00 p.m. on January 11, 2016. Plaintiff is also counseled
that if no writing is filed the court may consider the case abandoned and may summarily dismiss
the case.

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A

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THEREFORE, it is hereby ORDERED that the hearing date of January 11, 2016, is

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hereby VACATED and no party shall appear on that date. As of January 11, 2016, the court will
take the matter under submission and will thereafter render its decision.
IT IS SO ORDERED.
Dated: January 7, 2016
SENIOR DISTRICT JUDGE

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