Hensley v. Machado, et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/13/14 DENYING WITHOUT PREJUDICE 5 Motion to Dismiss. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSELYN HENSLEY,

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No. 2:13-cv-2172-MCE-EFB PS

Plaintiff,
v.

ORDER

DARLENE VITORINO MACHADO,
LEONE B. WIEBE,
Defendants.

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Plaintiff initiated this action on October 18, 2013. ECF No. 1. On December 3, 2013,

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defendant Machado (“defendant”) appearing in pro per filed a motion to dismiss the complaint,

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but failed to notice the motion for hearing. ECF No. 5; See E.D. Cal. L.R. 230(b). Therefore, on

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December 19, 2013, the court issued a minute order directing defendant to contact the

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undersigned’s courtroom deputy to obtain an available civil law and motion hearing date. ECF

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No. 7. Defendant, however, has not contacted the court and has failed to set her motion for

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hearing as required by the court’s local rules. Accordingly, defendant’s motion to dismiss, ECF

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No. 5, is denied without prejudice. Defendant is admonished that any renewed motion to dismiss

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must be filed in accordance with Local Rule 230.

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DATED: August 13, 2014.

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