Hebbe v. Pliler, et al

Filing 165

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/2010 ORDERING that the Court's 162 Order is VACATED. CASE CLOSED. (Zignago, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. CHERYL PLILER, et. al, Defendants. / Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. This case is before the undersigned pursuant to the parties' consent. See 28 U.S.C. § 636. Defendants have filed objections to the court's August 5, 2010 order reopening the case, stating that they have petitioned for rehearing en banc in the Ninth Circuit, and that this court currently lacks jurisdiction over the case. Defendants' contention is well taken. This court acted before the Circuit spread the mandate. Accordingly, it is ORDERED that the court's August 5, 2010 order is vacated. DATED: August 25, 2010. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PAUL ERIC HEBBE, Plaintiff, No. CIV S-00-0306 EFB P