Real v. Walker et al

Filing 96

ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/15 ORDERING that the hearing on plaintiffs motion to strike affirmative defenses, currently set for Thursday, August 20, 2015, at 10:00 a.m., in Courtroom No. 25, is vacated. An order addressing the motion to strike will be forthcoming. (Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RANDY REAL,

12
13
14

No. 2:09-cv-3273 GEB KJN P
Plaintiff,

v.

ORDER

JAMES WALKER, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner who is proceeding with a civil rights action pursuant to 42

18

U.S.C. § 1983. Plaintiff, who is represented by court-appointed counsel, has filed a motion to

19

strike certain affirmative defenses set forth in defendant R. Ramos’s answer. (ECF No. 90.) The

20

motion is currently set for hearing on August 20, 2015. (ECF No. 93.) Having reviewed the

21

moving papers, as well as defendant’s opposition (ECF No. 94) and plaintiff’s reply (ECF

22

No. 95), the court finds oral argument regarding this matter to be unnecessary and will therefore

23

decide the motion on the papers.

24

Accordingly, IT IS HEREBY ORDERED that the hearing on plaintiff’s motion to strike

25

affirmative defenses, currently set for Thursday, August 20, 2015, at 10:00 a.m., in Courtroom

26

No. 25, is vacated. An order addressing the motion to strike will be forthcoming.

27

Dated: August 10, 2015

28

/real3273.offcal

1