Benyamini v. Blackburn et al

Filing 91

ORDER signed by Magistrate Judge Allison Claire on 04/06/16 ordering the hearing on the motion for an order declaring plaintiff a vexatious litigant, set for 5/25/16 at 10:00 a.m. is vacated. Plaintiff shall file any response to the motion for court order within 21 days of service of this order. Defendants may file a reply within 7 days of service of the response. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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Plaintiff,

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No. 13-cv-0205 MCE AC P

v.

ORDER

M. BLACKBURN, et al.,

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Defendants

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. Currently pending is defendants’ motion for an order declaring plaintiff a

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vexatious litigant. ECF No. 88. The motion is set for hearing on May 25, 2016. Id. The court

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finds that oral argument is not necessary in this instance and the hearing will be vacated. The

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court will set a deadline for plaintiff’s response and defendants’ reply and, upon completion of

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briefing, the motion will be decided on the papers.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing on the motion for an order declaring plaintiff a vexatious litigant, set for

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May 25, 2016, at 10:00 a.m., is vacated.
2. Plaintiff shall file any response to the motion for court order within twenty-one days of

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service of this order. Defendants may file a reply within seven days of service of the response.

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3. Upon completion of briefing, the motion for an order declaring plaintiff a vexatious

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litigant will be decided on the papers without oral argument by the parties.

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DATED: April 6, 2016

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