Oliver v. Wong et al

Filing 46

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/14/2011 ORDERING that ptlf's 45 motion for summary judgment is DENIED w/out prejudice; and the pretrial motion deadline is VACATED and RESET to 11/28/2011. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES OLIVER

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Plaintiff,

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No. CIV S-08-2524 LKK GGH P

vs.
SCOTT CHESSER,

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Defendant.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C.

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§ 1983. Plaintiff has filed a motion for summary judgment which does not comply with the

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Local Rules of this court because the motion does not include a “Statement of Undisputed Facts.”

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See Local Rule 260(a).1

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Local Rule 260(a) reads as follows:
Each motion for summary judgment or summary adjudication shall be
accompanied by a “Statement of Undisputed Facts” that shall enumerate discretely
each of the specific material facts relied upon in support of the motion and cite the
particular portions of any pleading, affidavit, deposition, interrogatory answer,
admission, or other document relied upon to establish that fact. The moving party
shall be responsible for the filing of all evidentiary documents cited in the moving
papers. See L.R. 133(j).
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Accordingly, IT IS ORDERED that:

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1. Plaintiff’s motion for summary judgment (Doc. No. 45) is denied without

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prejudice.

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2. The pretrial motion deadline is vacated and reset to November 28, 2011.
DATED: October 14, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:rb
oliv2524.msj.dwop

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