Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 87

ORDER signed by Magistrate Judge Allison Claire on 11/15/2017 ORDERING that Respondent shall, within 10 days after the filing date of this order, re-file and re-serve the 85 motion to dismiss in conformance with Local Rule 230(b)-(i). (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN T. CARIDAD,

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No. 2:14-cv-1847 KJM AC P

Petitioner,

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v.

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HARRY OREOL,

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ORDER

Respondent.

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Petitioner Caridad is represented by appointed counsel in this action filed pursuant to

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28 U.S.C. § 2254. On October 19, 2017, counsel for respondent Oreol filed a motion to dismiss

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this action but did not set the matter for hearing. See ECF No. 85. Petitioner has not responded

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to the motion.
Because petitioner is represented by counsel, the parties shall adhere to the requirements

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of Local Rule 230(b)-(i), concerning the deadlines for filing, briefing, serving and noticing for

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hearing all motions.1

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Local Rule 230(l), which provides, inter alia, that motions in cases filed by prisoners
proceeding pro se shall be decided on the papers without oral argument, shall not apply.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent shall, within ten (10) days after the filing date of this order, re-file and

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re-serve the motion to dismiss in conformance with Local Rule 230(b)-(i), including setting the

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matter for hearing before the undersigned in accordance with Local Rule 230(b).

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2. Petitioner’s response to the motion, and respondent’s reply, shall also conform with the

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requirements of Local Rule 230(b)-(i).

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IT IS SO ORDERED.

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DATED: November 15, 2017.

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