McDaniel v. Diaz, et al.

Filing 23

ORDER VACATING SEPTEMBER 30, 2020 HEARING ON DEFENDANT'S MOTION TO DISMISS; ORDER DENYING PLAINTIFF'S EX PARTE MOTION FOR EXTENSION OF TIME AS MOOT. Order signed by Magistrate Judge Stanley A. Boone on 9/15/2020. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID MCDANIEL,

Case No. 1:20-cv-00856-NONE-SAB

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Plaintiff,

ORDER VACATING SEPTEMBER 30, 2020
HEARING ON DEFENDANT’S MOTION
TO DISMISS

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v.
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ORDER DENYING PLAINTIFF’S EX
PARTE MOTION FOR EXTENSION OF
TIME AS MOOT

RALPH DIAZ, et al.,
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Defendants.
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(ECF Nos. 10, 16, 22)
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On August 21, 2020, Defendant Jeff Dirske filed a motion to dismiss, set for hearing

18 before the undersigned on September 30, 2020. (ECF No. 10.) On September 4, 2020, Plaintiff
19 also filed an ex parte motion for an extension of time to respond to Defendant Dirske’s motion to
20 dismiss. (ECF No. 16.) On September 15, 2020, Plaintiff filed a first amended complaint. (ECF
21 No. 21.) On September 15, 2020, Defendant Jeff Dirske withdrew the motion to dismiss. (ECF
22 No. 22.)
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Accordingly, IT IS HEREBY ORDERED that:

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The hearing on Defendant Jeff Dirske’s motion to dismiss set for September 30,
2020, in Courtroom 9 (ECF No. 10), is VACATED; and

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2.

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Plaintiff’s ex parte motion for an extension of time to respond to the motion to
dismiss (ECF No. 16), is DENIED as moot.

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IT IS SO ORDERED.

8 Dated:

September 15, 2020
UNITED STATES MAGISTRATE JUDGE

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