Lawson v. Tehama County et al

Filing 39

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/30/18 VACATING 04/05/18 hearing on 36 Motion to Dismiss. The motion shall be taken under submission for resolution by a written order. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE LAWSON,

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No. 2:17-cv-01276-TLN-GGH
Plaintiff,

v.

ORDER

TEHAMA COUNTY, et al.,

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Defendants.

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Plaintiff appears in this civil rights matter pro se. Pending before the court is a Motion to

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Dismiss plaintiff’s second amended complaint, ECF No. 34, filed by defendants Tehama County,

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Keith Curl, Jerry Jungwirth, Buck Squire and Weston. ECF No. 36. The matter was noticed to

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this court’s law and motion calendar for hearing on April 5, 2018.

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Under Eastern District of California Local Rule 230(c) plaintiff’s opposition or a

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statement of non-opposition to the Motion to Dismiss was to be filed “not less than fourteen (14)

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days preceding the noticed . . . hearing date,” or, in this case, on or before March 22, 2018.

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Plaintiff filed no opposition and no statement of non-opposition.

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As a consequence this court will remove the matter from the April 5, 2018 calendar and

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take the matter under submission for decision based solely on the Memorandum of Points and

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Authorities filed by moving defendants.

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In light of the foregoing IT IS HEREBY ORDERED that:

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The Clerk of the Court shall vacate the hearing on defendants’ motion to
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dismiss from the court’s April 5, 2018 calendar;

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2.

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IT IS SO ORDERED.

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The motion shall be taken under submission for resolution by a written order.

Dated: March 30, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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