Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 7/18/13 ORDERING that the May 8, 2013 order to show cause (ECF No. 20 ) is discharged. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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Plaintiff,

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No. 2:12-cv-414 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS,
Defendants.

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Plaintiff, a state prisoner, proceeds through counsel on counts one, two, seven, eight and

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nine of his first amended complaint. On May 8, 2013, defendants were ordered to show cause

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why default should not be entered. See ECF No. 20.
On May 17, 2013, defendants responded to the order to show cause and moved to dismiss

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plaintiff’s remaining claims. ECF Nos. 21, 22. On July 15, 2013, defendants filed a notice of

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errata and an amended motion to dismiss setting a hearing for August 14, 2013 at 10:00 a.m.

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ECF No. 25.
Good cause appearing, IT IS HEREBY ORDERED THAT the May 8, 2013 order to show

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cause (ECF No. 20) is discharged. Plaintiff’s opposition to the amended motion to dismiss, if

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any, and defendant’s reply, if any, shall be filed and served in accordance with Local Rule 230.

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DATED: July 18, 2013

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___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:ls//monc0414.disch

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