Kimmons v. Avilar et al

Filing 34

ORDER, Motions terminated: 31 MOTION filed by Branlett Eugene Kimmons.. Signed by Judge James Donato on 5/12/15. (lrcS, COURT STAFF) (Filed on 5/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANLETT EUGENE KIMMONS,

Case No. 14-cv-00954-JD

Plaintiff,
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v.

ORDER VACATING MOTION FOR
DISPOSITIVE JUDGMENT

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A. AVILAR,

Re: Dkt. No. 31
Defendant.

United States District Court
Northern District of California

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Plaintiff, a former prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

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1983. This case is stayed and has been referred for settlement proceedings pursuant to the Pro Se

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Prisoner Mediation Program. Plaintiff has filed a motion for dispositive judgment because

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defendant failed to file a dispositive motion. Because the case has been stayed and referred for

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settlement proceedings, defendant need not file a dispositive motion until receiving further

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instruction from the Court. Plaintiff’s motion (Docket No. 31) is VACATED without prejudice

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and plaintiff may file a dispositive motion if this case does not settle.

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IT IS SO ORDERED.
Dated: May 12, 2015

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________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANLETT EUGENE KIMMONS,

Case No. 14-cv-00954-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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A. AVILAR,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 5/12/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Branlett Eugene Kimmons ID: AR2030
P.O. Box 160052
Sacramento, CA 95816-160052

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Dated: 5/12/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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