Kemp v. Woodford et al

Filing 33

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/09 ORDERING that the 31 Findings and Recommendations are VACATED; w/in 5 days, dfts to re-serve their summary judgment motion on pltf and file proof of re-service; pltf's opposition due w/in 30 days; dfts may file a reply w/in 10 days thereafter. (Yin, K)

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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. JEANNE WOODFORD, et al., Defendants. / On April 10, 2009, defendants filed a summary judgment motion. Plaintiff did not file a timely opposition. Accordingly, on June 12, 2009, the court recommended that defendants' motion be granted. On June 24, 2009, plaintiff filed objections to the findings and recommendations. Plaintiff states that he did not receive defendants' motion. Although it appears that the motion was properly served, the court will vacate the findings and recommendations and direct defendants to re-serve their motion on plaintiff. Accordingly, IT IS HEREBY ORDERED that: 1. The June 12, 2009, findings and recommendations are vacated; 2. Within five days of the date of this order, defendants shall re-serve their summary judgment motion on plaintiff and file proof of re-service; 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ERIC SHAWN KEMP, Plaintiff, No. CIV S-06-2558 LKK GGH P 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 ke2558.vac 3. Plaintiff's opposition to defendants' motion is due within thirty days of the date of this order; defendants may file a reply within ten days thereafter. Defendants may respond to the opposition by providing proof that plaintiff was indeed previously served. If this response is made, the court will issue further orders, and may strike any opposition filed by plaintiff. DATED: July 20, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 2

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