Rodriguez v. Vega

Filing 39

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/7/16: Defendant shall file a response to the Motion to Set Aside Default and Default Judgment within twenty-one days of this order. Plaintiff may file a reply within seven days thereafter. The motion will then be submitted on the record. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE DEJESUS RODRIGUEZ, 12 Plaintiff, 13 14 No. 2:15-cv-0158 GGH PS v. ORDER VERONICA VEGA, 15 Defendant. 16 This action was voluntarily dismissed on December 22, 2015. 1 Plaintiff, proceeding pro 17 18 se, has now filed a document entitled, “second amended complaint, motion to set aside default 19 and default judgment….” This document will be construed as a motion for relief from judgment 20 under Federal Rule of Civil Procedure 60(b). 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Defendant shall file a response to the motion within twenty-one days of this order. 23 //// 24 //// 25 //// 26 //// 27 28 1 This action is before the undersigned pursuant to the parties’ consent to proceed before a magistrate judge. 28 U.S.C. § 636(c). 1 2. Plaintiff may file a reply within seven days thereafter. The motion will then be submitted on the record.2 2 3 DATED: September 7, 2016 4 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 GGH:076/Rodriguez0158.60b 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A hearing will be set only if necessary after review of the filings. 2

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