Flynn v. Canlas, et al.

Filing 53

ORDER VACATING October 22, 2018, Hearing on Defendant's 52 Motion to Dismiss signed by District Judge Anthony W. Ishii on 9/18/2018. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLYNN, 12 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 13 v. 14 CANLAS, et al., 15 ORDER VACATING OCTOBER 22, 2018, HEARING ON DEFENDANT’S MOTION TO DISMISS (ECF No. 52) Defendants. 16 17 Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff was a prisoner at 19 the time this action was initiated. This action proceeds against Defendant Maddox for deliberate 20 indifference to serious medical needs in violation of the Eighth Amendment. 21 On September 14, 2018, Defendant Maddox filed a motion for summary judgment. (ECF 22 No. 52.) Defendant set the motion for hearing before the undersigned on October 22, 2018, at 23 1:30 p.m. (Id.) 24 The parties are advised that, pursuant to Local Rule 230(l), “all motions, except motions 25 to dismiss for lack of prosecution, filed in actions wherein one party is incarcerated and 26 proceeding in propia persona, shall be submitted upon the record without oral argument unless 27 otherwise ordered by the Court. Such motions need not be noticed on the motion calendar.” It is 28 the Court’s general practice to apply Local Rule 230(l) and certain other local rules concerning 1 1 actions in which one party is incarcerated and proceeding in propia persona, even when the pro 2 se plaintiff is no longer incarcerated. Therefore, because Plaintiff filed this action while he was 3 incarcerated and proceeding pro se, the Court will apply Local Rule 230(1), even although 4 Plaintiff has now been released from custody, 5 Accordingly, IT IS HEREBY ORDERED as follows: 6 1. The motion hearing set for October 22, 2018, is VACATED; 7 2. Plaintiff’s opposition or statement of non-opposition to Defendant’s motion for 8 summary judgment, (ECF No. 52), remains due within twenty-one (21) days after the 9 date of service of the motion; and 10 11 3. Defendant’s motion for summary judgment is referred to the Magistrate Judge for the purpose of issuing a findings and recommendation. 12 13 14 IT IS SO ORDERED. Dated: September 18, 2018 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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