Gress v. Smith, et al.

Filing 92

ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering the 09/18/15 hearing on defendants' motion to dismiss is vacated. The motion shall be briefed pursuant to Local Rule 230(l). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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No. 2:13-cv-0328 TLN KJN P

Plaintiff,
v.

ORDER

DR. CHRISTOPHER SMITH, et al. ,

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Defendants.

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Plaintiff proceeds, in forma pauperis and through counsel, with a civil rights action filed

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pursuant to 42 U.S.C. § 1983. On August 17, 2015, counsel for defendant Dr. Barnett filed a

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motion to dismiss plaintiff’s second amended complaint, and noticed the motion for hearing on

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September 18, 2015, before the undersigned. (ECF No. 89.) However, by order filed January 23,

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2014, the parties were informed that, absent court order to the contrary, all motions shall be

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briefed pursuant to Local Rule 230(l), on the papers. (ECF No. 25 at 3.) Accordingly, the

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September 18, 2015 hearing is vacated.

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IT IS HEREBY ORDERED that the September 18, 2015 hearing on defendants’ motion

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to dismiss is vacated. The motion shall be briefed pursuant to Local Rule 230(l).

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Dated: August 20, 2015

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/gres0328.vac2

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