Chess v. Felker, et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 3/21/2012 VACATING defendants' 48 motion for summary judgment from the calendar; if the district court does not adopt the findings and recommendations, defendants' summary judgment motion will be reinstated. (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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MICHAEL CHESS,

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Plaintiff,

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No. 2: 10-cv-1261 LKK KJN P

vs.
TOM FELKER, et al.,

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Defendants.

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ORDER
/

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On May 31, 2011, defendants filed a summary judgment motion.

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On November 14, 2011, the undersigned recommended that this action be dismissed for lack of

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subject matter jurisdiction. These findings and recommendations are pending before the district

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court.

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Accordingly, IT IS HEREBY ORDERED that defendants’ May 31, 2011

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summary judgment motion (Dkt. No. 48) is vacated from the calendar; if the district court does

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not adopt the findings and recommendations, defendants’ summary judgment motion will be

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reinstated.

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DATED: March 21, 2012
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ch1261.vac

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