Opinion
1:10-cv-01700-LJO-EPG-PC
08-19-2016
KEVIN E. FIELDS, Plaintiff, v. P. PATTERSON, et al., Defendants.
ORDER VACATING MOTION FOR SUMMARY JUDGMENT FROM COURT'S CALENDAR
(ECF No. 67.)
Kevin Fields ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 7, 2015, Defendant Patterson filed a motion for summary judgment. (ECF No. 67.) On March 24, 2016, the Court stayed the motion for summary judgment under Local Rule 151, pending resolution of Defendant's motion for an order requiring security, filed on February 2, 2016. (ECF No. 110.)
The Court ordered that "Defendant's obligation to reply to Plaintiff's opposition to summary judgment be stayed until ten days after the required security has been posted and Defendant has been given written notice thereof, or from the date the District Court declines to adopt these findings and recommendations." (ECF No. 110 at 21:9-12.) --------
On August 18, 2016, Plaintiff's motion for an order requiring security was granted, and Plaintiff was granted thirty days in which to post security in the amount of $7,905.00. (ECF No. 119.) The motion for summary judgment remains stayed until ten days after the security has been posted and Defendant has been given written notice thereof. Under this schedule, the motion for summary judgment shall not be ripe for ruling under Local Rule 230(l) until sometime after September 30, 2016.
In light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, the hearing on the motion and the motion itself for summary judgment is HEREBY DEEMED VACATED from the Court's calendar until such time as the motion for order requiring security is resolved. IT IS SO ORDERED.
Dated: August 19 , 2016
/s/_________
UNITED STATES MAGISTRATE JUDGE