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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID FLYNN,

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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,

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v.

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CANLAS, et al.,

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ORDER VACATING OCTOBER 22, 2018,
HEARING ON DEFENDANT’S MOTION TO
DISMISS
(ECF No. 52)

Defendants.

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Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff was a prisoner at

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the time this action was initiated. This action proceeds against Defendant Maddox for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment.

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On September 14, 2018, Defendant Maddox filed a motion for summary judgment. (ECF

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No. 52.) Defendant set the motion for hearing before the undersigned on October 22, 2018, at

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1:30 p.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.” It is

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the Court’s general practice to apply Local Rule 230(l) and certain other local rules concerning
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actions in which one party is incarcerated and proceeding in propia persona, even when the pro

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se plaintiff is no longer incarcerated. Therefore, because Plaintiff filed this action while he was

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incarcerated and proceeding pro se, the Court will apply Local Rule 230(1), even although

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Plaintiff has now been released from custody,

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The motion hearing set for October 22, 2018, is VACATED;

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2. Plaintiff’s opposition or statement of non-opposition to Defendant’s motion for

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summary judgment, (ECF No. 52), remains due within twenty-one (21) days after the

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date of service of the motion; and

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3. Defendant’s motion for summary judgment is referred to the Magistrate Judge for the
purpose of issuing a findings and recommendation.

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IT IS SO ORDERED.
Dated: September 18, 2018
SENIOR DISTRICT JUDGE

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