Espey v. Deuel Vocational Institution

Filing 87

ORDER signed by Magistrate Judge Kendall J. Newman on 04/17/15 granting 86 Motion for application of the non-prisoner provisions in the local rules. Defendants' request for oral argument regarding their summary judgment motion is denied. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FLOYD ESPEY,

12
13
14
15

No. 2: 13-cv-2147 TLN KJN P
Plaintiff,

v.

ORDER

DEUEL VOCATIONAL INSTITUTION,
et al.,
Defendants.

16
17
18

Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

19

pursuant to 42 U.S.C. § 1983. Defendants’ summary judgment motion, filed February 11, 2015,

20

is submitted for decision. (ECF No. 73.) After defendants filed their summary judgment motion,

21

plaintiff filed a notice of change of address indicating that he was no longer incarcerated. (ECF

22

No. 79.)

23

Pending before the court is defendants’ April 7, 2015 request for application of the non-

24

prisoner provisions in the local rules. (ECF No. 86.) In particular, defendants request that the

25

court set defendants’ summary judgment motion for hearing and oral argument.

26

Because plaintiff is no longer incarcerated, application of the non-prisoner provisions in

27

the local rules is appropriate. However, after reviewing the pleadings, the undersigned has

28

determined that oral argument regarding defendants’ summary judgment motion is not warranted.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Defendants’ request for application of the non-prisoner provisions in the local rules is

3

granted;
2. Defendants’ request for oral argument regarding their summary judgment motion is

4
5

denied.

6

Dated: April 17, 2015

7
8
9
Espey2147.ord
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2