Yellen v. Olivarez, et al

Filing 278

ORDER signed by Magistrate Judge Dale A. Drozd on 01/19/12 ordering that within 30 days from the date of this order defendants shall file a renewed motion for summary judgment. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIKE YELLEN,

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Plaintiff,

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No. CIV S-94-1298 GEB DAD P

vs.
ANA M. OLIVAREZ, et al.,

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Defendants.

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ORDER
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Plaintiff is a former state prisoner proceeding pro se with a civil rights action

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pursuant to 42 U.S.C. § 1983. By order filed January 19, 2012, the assigned district judge

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adopted the undersigned’s findings and recommendations of December 14, 2011, and vacated the

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order of dismissal and judgment thereon entered in this action on March 1, 2011, referring the

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matter back to the undersigned for further proceedings. Good cause appearing, defendants will

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be directed to file a renewed motion for summary judgment. In view of the fact that plaintiff is

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no longer confined in state prison, defendants shall notice their motion for hearing pursuant to

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Local Rule 230(b) and the motion shall be briefed and considered pursuant to the provisions of

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Local Rule 230(b)-(i).

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In accordance with the above, IT IS HEREBY ORDERED that within thirty days

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from the date of this order defendants shall file a renewed motion for summary judgment. The

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provisions of Local Rule 230(b)-(i) shall apply to defendants’ renewed motion.

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DATED: January 19, 2012.

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DAD:12
yell1298.o2

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