Risher v. Libby, et al.

Filing 32

ORDER Vacating Hearing and Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Motion to Dismiss 25 within Twenty-One Days, signed by Magistrate Judge Erica P. Grosjean on 10/5/17. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD RISHER,

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v.

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Case No. 1:17-cv-00087-EPG (PC)
Plaintiff, ORDER VACATING HEARING AND
REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION TO DISMISS
WITHIN TWENTY-ONE DAYS

DR. EBINOSA, et al.,
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Defendants.
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Richard Risher ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action filed pursuant to 42 U.S.C. § 1983, which includes state law claims.

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On October 4, 2017, defendant Contreras filed a memorandum of points and authorities in

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support of motion to dismiss complaint pursuant to FRCP 12(b)(6) (ECF No. 29) and a request

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for judicial notice (ECF No. 30). On October 5, 2017, defendant Contreras filed a notice of errata

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“because the Motion to Dismiss pursuant to FRCP 12(b)(6) and supporting documents failed to

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include the date and time for the hearing of the motion.” (ECF No. 31).

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Because Plaintiff is a prisoner proceeding pro se, Local Rule 230(l) applies. “All motions,

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except motions to dismiss for lack of prosecution, filed in actions wherein one party is

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incarcerated and proceeding in propria persona, shall be submitted upon the record without oral

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argument unless otherwise ordered by the Court. Such motions need not be noticed on the motion

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calendar. Opposition, if any, to the granting of the motion shall be served and filed by the

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responding party not more than twenty-one (21) days after the date of service of the motion. A
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responding party who has no opposition to the granting of the motion shall serve and file a

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statement to that effect, specifically designating the motion in question. Failure of the responding

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party to file an opposition or to file a statement of no opposition may be deemed a waiver of any

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opposition to the granting of the motion and may result in the imposition of sanctions. The

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moving party may, not more than seven (7) days after the opposition has been filed in CM/ECF,

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serve and file a reply to the opposition. All such motions will be deemed submitted when the

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time to reply has expired.” Local Rule 230(l).

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Accordingly, the Court will vacate the hearing on defendant Contreras’ motion to dismiss

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and require Plaintiff to file his opposition (or statement of non-opposition) to defendant

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Contreras’ motion to dismiss within twenty-one days of the date of service of this order. The

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Court may set a hearing on the motion if it deems one is necessary after reviewing all of the

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briefing.

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Accordingly, IT IS HEREBY ORDERED that:
1. The hearing on defendant Contreras’ motion to dismiss, which is currently set for

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November 17, 2017, is VACATED; and

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2. Within twenty-one days from the date of service of this order, Plaintiff shall file an

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opposition or statement of non-opposition to defendant Contreras’ motion to

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dismiss.

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IT IS SO ORDERED.
Dated:

October 5, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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