Smith v State of California [CA Dept. of Corrections and Rehabilitation]

Filing 11

ORDER VACATING November 1, 2017 Hearing on Defendant's 7 Motion to Dismiss, signed by Magistrate Judge Stanley A. Boone on 10/19/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARLENE SMITH,
Plaintiff,

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ORDER VACATING NOVEMBER 1, 2017
HEARING ON DEFENDANT’S MOTION
TO DISMISS

v.

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Case No. 1:17-cv-01058-LJO-SAB

STATE OF CALIFORNIA [CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION],
Defendant.

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On September 29, 2017, the California Department of Corrections and Rehabilitation

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16 filed a motion to dismiss that is set for oral argument on November 1, 2017. Pursuant to the
17 Local Rule, Plaintiff’s opposition to the motion for summary judgment was due on October 18,
18 2017. L.R. 230(c). Plaintiff did not file a timely opposition to the motion. The Local Rule
19 provides that a party who fails to file a timely opposition is not entitled to be heard in opposition
20 to the motion at oral argument. L.R. 230(c).
Accordingly, IT IS HEREBY ORDERED that the hearing set for November 1, 2017, is

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22 VACATED and the parties will not be required to appear at that time.
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IT IS SO ORDERED.

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October 19, 2017
UNITED STATES MAGISTRATE JUDGE

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