Hollis v. Mason et al

Filing 134

ORDER signed by Judge Morrison C. England, Jr on 3/2/12 VACATING the jury trial set for 3/12/12 and ALL Writs of Habeas Corpus Ad Testificandums. Defendants shall notice their motion for summary judgment and set a hearing date not later than 5/3/12 before the magistrate judge pursuant to LR 230(b). (cc Out-to-Court Desk, ADR Director)(Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARVIN GLENN HOLLIS,

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Plaintiff,

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No. 2:08-cv-01094-MCE-CKD

v.

MEMORANDUM AND ORDER

J MASON, et al.,
Defendants.
----oo0oo----

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Having reviewed this case in its entirety, the Court now

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finds that good cause exists to warrant granting Defendants’

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prior request to file a motion for summary judgment.

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Defendants’ Pretrial Statement (ECF No. 80), 22:1-4.

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Accordingly, the jury trial scheduled to commence on Monday,

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March 12, 2012, at 9:00 a.m. in Courtroom 7, is hereby VACATED.

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All Writs of Habeas Corpus Ad Testificandum issued in this case

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are hereby VACATED as well.

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to electronically serve and fax this Order on the Warden(s) of

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the appropriate state prison facilities and on the Out-To-Court

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desk, California State Prison - Sacramento.

See

The Clerk of the Court is directed

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Defendants shall notice their motion for summary judgment

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and set a hearing date not later than Thursday May 3, 2012,

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before the magistrate judge pursuant to Local Rule 230(b).

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Simultaneously with their motion for summary judgment, Defendants

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are ordered to file a separate brief, not to exceed five (5)

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pages, addressing whether Plaintiff has properly been permitted

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to proceed in forma pauperis in this case given recent findings

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in this district that he is barred from doing so pursuant to

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28 U.S.C. § 1915(g).

See, e.g., Hollis v. Downing, 2010 WL

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5115196 (E.D. Cal.).

Any Opposition and/or Reply to Defendants’

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motion for summary judgment and in forma pauperis brief shall be

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filed in accordance with Local Rule 230.

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IT IS SO ORDERED.
Dated: March 2, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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