Burns v. Mukasey, et al

Filing 70

ORDER signed by Magistrate Judge Craig M. Kellison on 4/19/11 ORDERING that Plaintiff's motions filed on 4/14/11 67 and 68 are removed from the court's hearing calendar; and The Clerk of the Court is directed to terminate these filings as pending motions on the court's docket. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE B. BURNS,

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Plaintiff,

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No. CIV S-09-0497-MCE-CMK

vs.

ORDER

MICHAEL MUKASEY, et al.,

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Defendants.

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Plaintiff, who is proceeding pro se, brings this civil action alleging, among other

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things, violation of the right to keep and bear arms under the Second Amendment. Defendants

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have properly noticed their motion for summary judgment to be argued before the undersigned

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on April 28, 2011. On April 14, 2011, plaintiff filed two documents styled as motions as

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follows: (1) “Plaintiff’s Motion to Strike the Declarations Filed in Support of Defendants’

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Motion for Summary Judgment” (Doc. 67); and (2) “Plaintiff’s Opposition to Defendants’

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Motion for Summary Judgment and Cross-Motion for Partial Summary Judgment” (Doc. 68).

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Plaintiff noticed both motions for hearing on April 28, 2011.

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Pursuant to Eastern District of California Local Rule 230(b), a motion may not be

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set for hearing less than 28 days after service of the motion. Here, plaintiff’s motions were both

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served on April 14, 2011, which is less than 28 days before the noticed hearing date of April 28,

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2011. Plaintiff’s defectively noticed motions will, therefore, not be set for hearing and the Clerk

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of the Court will be directed to terminate these filings as pending motions on the court’s docket.

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To the extent plaintiff’s recent filings constitute opposition/objection to defendants’ motion for

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summary judgment, the court will consider them for this limited purpose.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motions filed on April 14, 2011 (Docs. 67 and 68) are removed

from the court’s hearing calendar; and

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2.

The Clerk of the Court is directed to terminate these filings as pending

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motions on the court’s docket.

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DATED: April 19, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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