Nailing v. Fosterer et al

Filing 69

ORDER signed by Judge Morrison C. England, Jr on 1/6/12 VACATING 1/26/12 hearing. All pending motions are submitted on the papers and shall be addressed by the Magistrate Judge assigned to this case. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XAVIER DMETRI NAILING,

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Plaintiff,

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No. 2:09-cv-02475-MCE-CMK-P

vs.

ORDER

B.D. FOSTERER, et al.,

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Defendants.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. On December 15, 2011, defendant Bemrick re-noticed his motion to dismiss for

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hearing before the undersigned on January 26, 2012, apparently in response to a notice of change

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of address filed on December 2, 2011, indicating that plaintiff was no longer in custody.

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Pursuant to Eastern District of California Local Rule 302(c)(21), all actions in which the plaintiff

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is proceeding pro se, as is the case here, all motions are referred to the Magistrate Judge. The

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January 26, 2012, hearing is vacated. All pending motions are submitted on the papers and shall

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be addressed by the assigned Magistrate Judge by separate findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The January 26, 2012, hearing before the undersigned is vacated; and

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2.

All pending motions are submitted on the papers and shall be addressed by

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the Magistrate Judge assigned to this case.
Dated: January 6, 2012

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

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