Cyprian v. Givens et al

Filing 88

ORDER signed by Judge John A. Mendez on 1/10/2012 DISREGARDING the 86 Proposed Order re Judgment of Dismissal. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CYPRIAN,

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Plaintiff,

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No. 2:09-cv-2704 JAM JFM (PC)

vs.

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DERRICK GIVENS, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 22, 2011, this court issued an order granting a motion for summary

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judgment filed by one of the defendants in this action, defendant Barry Newman. By order filed

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December 9, 2011, the court denied plaintiff’s motion for reconsideration of that order. On

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December 29, 2011, defendant Newman lodged a proposed order dismissing the complaint as to

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him and entering judgment in his favor. Defendant Newman has not filed a request for entry of

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judgment pursuant to Fed. R. Civ. P. 54(b) and the court finds no reason to enter such judgment

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at this time. Accordingly, the proposed order submitted by defendant Newman will be

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disregarded.

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IT IS SO ORDERED.
DATED: 1/10/2012

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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