Iqbal v. United States Citizen and Immigration Services et al

Filing 64

ORDER signed by Magistrate Judge Allison Claire on 2/26/16 ORDERING that the court's March 2, 2016, hearing on defendants' motion to dismiss, ECF No. 61 , is VACATED. Defendants' must re-notice their motion before the presiding district judge in accordance with Local Rule 230. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NAZIA JABEEN IQBAL,

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Plaintiff,

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No. 2:13-cv-01272-MCE-AC

v.

ORDER

UNITED STATES CITIZEN AND
IMMIGRATION SERVICE, et al.,
Defendants.

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Currently, defendants’ January 22, 2016, motion to dismiss is pending before the court.

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ECF No. 61. That motion is noticed for hearing before the undersigned on March 2, 2016,

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because when it was filed plaintiff was proceeding in propria persona. Id. Local Rule 302(c)(21)

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refers “all actions in which all the plaintiffs or defendants are proceeding in propria persona” to

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the assigned magistrate judge. On February 1, 2016, however, Chien-Yu Michael Wang filed a

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notice of appearance on plaintiff’s behalf. ECF No. 62. Accordingly, this matter is no longer

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assigned to the undersigned because plaintiff is represented, and defendants’ motion should be

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heard by the presiding district judge.

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In accordance with the foregoing, IT IS HEREBY ORDERED that the court’s March 2,

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2016, hearing on defendants’ motion to dismiss, ECF No. 61, is VACATED. Defendants’ must

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re-notice their motion before the presiding district judge in accordance with Local Rule 230.

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DATED: February 26, 2016

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