Wagner v. Cryer et al

Filing 30

ORDER REGARDING PLAINTIFF'S FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS; VACATING MOTION HEARING DATE. Set/Reset Deadlines as to 27 Amended MOTION to Dismiss pursuant to F.R.C.P. 12(b)(1). Responses due by 5/28/2014. Replies due by 6/4/2014.. Signed by Judge Yvonne Gonzalez Rogers on 5/14/2014. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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MICHAEL L. WAGNER,

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Plaintiff,
v.

Case No.: 13-CV-5167 YGR
ORDER REGARDING PLAINTIFF’S FAILURE TO
FILE AN OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS; VACATING MOTION
HEARING

STACEY CRYER, in her Official Capacity as
Director, County of Mendocino County;
HEALTH AND HUMAN SERVICES,
unknown Named Director of County of San
Francisco,
Defendants.
On November 6, 2013, Plaintiff filed the instant pro se civil rights complaint under 42

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U.S.C. section 1983. Before the Court is a motion to dismiss the complaint pursuant to Federal

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Rule of Civil Procedure 12(b)(6), filed by defendant Stacey Cryer. (Dkt. No. 27.) Cryer filed her

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motion on April 15, 2014, setting it for hearing June 17, 2014. Under Civil Local Rule 7-3,

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Plaintiff's response to the motion to dismiss was due April 29, 2014.

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To date, Plaintiff has failed to oppose the Motion. Plaintiff shall file an opposition to the

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Motion to Dismiss no later than May 28, 2014. Failure to file an opposition by that date will result

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in dismissal of Plaintiff's action for failure to prosecute.

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Any reply to an opposition must be served and filed not more than 7 days after the
opposition is served and filed. Civ. L.R. 7-3(c).

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The Court VACATES the June 17, 2014 motion hearing. The Court will reset the hearing if
necessary.
IT IS SO ORDERED.

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Date: May 14, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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