Barry v. Felker et al

Filing 62

ORDER re: Request for Ruling 61 , signed by District Judge Philip M. Pro on 2/19/2013. (Kusamura, W)

1
2
3
4
5

UNITED STATES DISTRICT COURT
6

EASTERN DISTRICT OF CALIFORNIA
7

***
8
9

TIMOTHY DEMOND BARRY,
Plaintiff,

10
11

v.

12

T. FELKER, et al.,

13

Defendants.

)
)
)
)
)
)
)
)
)
)
)

2:08-cv-01722-PMP-GWF
ORDER

14
15

Before the Court is Defendants J. Bishop and N. Albonico’s Request for

16

Ruling/Action on Remand (Doc. #61), filed on February 14, 2013. The United States Court

17

of Appeals for the Ninth Circuit entered a Memorandum (Doc. #59) on October 17, 2012,

18

vacating this Court’s Order (Doc. #53) and remanding the case for further proceedings

19

consistent with the Memorandum.

20
21
22

IT IS THEREFORE ORDERED that Defendants J. Bishop and N. Albonico’s
Request for Ruling/Action on Remand (Doc. #61) is hereby GRANTED.
IT IS FURTHER ORDERED that Defendants J. Bishop and N. Albonico shall

23

re-file their Motion for Summary Judgment, including proper notice under Woods v. Carey,

24

684 F.3d 934 (9th Cir. 2012), by March 6, 2013.

25
26

IT IS FURTHER ORDERED that any Response shall be filed not more than 21
days after the date of service of the Motion for Summary Judgment.

1
2

IT IS FURTHER ORDERED that any Reply shall be filed not more than 7 days
after the date of service of the Response.

3
4
5
6

DATED: February 19, 2013
_______________________________
PHILIP M. PRO
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2