Ashanti v. Tilton

Filing 64

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/22/09 ORDERING that plaintiffs counsel having substituted in for the pro se plaintiff on 10/12/09 and having set plaintiffs motion for a default judgment for hearing, the matter will be heard on the law and motion calendar for 12/3/09. Plaintiffs 38 pro se motion for leave to file a third amended complaint, and pro se 47 motion to appoint counsel and for a pretrial conference, are VACATED from the courts calendar. (Dillon, M)

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. JAMES E. TILTON, Defendant. / Counsel has recently substituted in for plaintiff, who had been proceeding pro se, in this action pursuant to 42 U.S.C. § 1983. Plaintiff's counsel has apparently adopted plaintiff's motion for default judgment, initially filed pro se on October 9, 2009 (docket # 62), and has set the matter for hearing, which motion the court will hear on December 3, 2009. With counsel's appearance, this matter is no longer governed by L.R. 230-78(m), but rather the other provisions of L.R. 230-78 now apply, including for the remaining briefing of this motion (defendant's response/opposition and any reply by plaintiff). The following motions brought pro se by plaintiff (and not adopted by counsel), however, will be vacated: plaintiff's motion to file a third amended complaint, filed on May 21, 2009, and plaintiff's motion to appoint counsel and for a pretrial conference, filed on July 15, 2009. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ASKIA S. ASHANTI, Plaintiff, No. CIV S-07-0807 MCE GGH P

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Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's counsel having substituted in for the pro se plaintiff on October 12, 2009, and having set plaintiff's motion for a default judgment for hearing, the matter will be heard on the law and motion calendar for December 3, 2009, and this case is no longer governed by L.R. 78-230(m), but by the other provisions of L.R. 78-230; and 2. Plaintiff's pro se motion for leave to file a third amended complaint, filed on May 21, 2009 (docket # 38), and pro se motion to appoint counsel and for a pretrial conference, filed on July 15, 2009 (docket # 47), are VACATED from the court's calendar. DATED: October 22, 2009 /s/ Gregory G. Hollows

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GGH:009 asha0807.vac

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE