Sherman v. City of Davis

Filing 18

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/12/2012 ORDERING 15 that Plaintiff's motion for hearing on his summary judgment motion # 8 , is DENIED. 10 (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH A. SHERMAN,

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Plaintiff,

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vs.

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No. CIV S- 11-0820 JAM GGH PS

CITY OF DAVIS,

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Defendant.

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ORDER
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Plaintiff, is proceeding in this action pro se and in forma pauperis pursuant to 28

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U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302(21), pursuant to 28

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U.S.C. § 636(b)(1).

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By order of November 9, 2011, plaintiff’s “motion for summary judgment,” filed

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September 27, 2011, was vacated without prejudice as premature based on a motion to dismiss

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that was pending before the court. At that time, the court stated that to the extent possible, it

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would construe plaintiff’s filing as an opposition to the motion to dismiss. Plaintiff has since

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filed a “motion for hearing” in regard to that vacated summary judgment motion.

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For the reasons stated in this court’s November 9, 2011 order, IT IS ORDERED

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that: Plaintiff's motion for hearing on his summary judgment motion, filed November 18, 2011,

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(dkt. no. 15), is denied.

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DATED: January 12, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Sherman0820.msjhrg.wpd

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