Rico v. Beard et al

Filing 61

ORDER signed by Magistrate Judge Deborah Barnes on 2/9/2018 DIRECTING defendants to file a Notice of Hearing within 21 days of this order re 49 Motion to Dismiss before the undersigned Magistrate Judge if they wish to proceed with the motion. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JORGE ANDRADE RICO,

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Plaintiff,

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v.

No. 2:17-cv-1402 KJM DB P

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel with a civil rights action under 42

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U.S.C. § 1983. On July 6, 2017, this case was transferred to this court from the Northern District

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of California. On February 2, 2018, this case was related to three other cases pending in this

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court and was reassigned to the undersigned magistrate judge. The court’s review of the docket

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shows that defendants filed a motion to dismiss on June 29, 2017. That motion was not resolved

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prior to transfer of this case.

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If defendants wish to proceed with the motion to dismiss, within twenty days of the date

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of this order defendants shall file a notice of the motion for hearing before the undersigned

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pursuant to Local Rule 230(b). Plaintiff’s opposition and any reply shall be briefed according to

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Local Rule 230.

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IT IS SO ORDERED.
Dated: February 9, 2018

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DLB:9
DB/prisoner-civil rights/rico1402.mtd notice

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