Gress v. Smith

Full title: MICHAEL GRESS, Plaintiff, v. DR. CHRISTOPHER SMITH, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 20, 2015

2:13-cv-0328 TLN KJN P (E.D. Cal. Aug. 20, 2015)

Opinion

MICHAEL GRESS, Plaintiff, v. DR. CHRISTOPHER SMITH, et al., Defendants. No. 2:13-cv-0328 TLN KJN P United States District Court, E.D. California. August 20, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff proceeds, in forma pauperis and through counsel, with a civil rights action filed pursuant to 42 U.S.C. § 1983. On August 17, 2015, counsel for defendant Dr. Barnett filed a motion to dismiss plaintiff's second amended complaint, and noticed the motion for hearing on September 18, 2015, before the undersigned. (ECF No. 89.) However, by order filed January 23, 2014, the parties were informed that, absent court order to the contrary, all motions shall be briefed pursuant to Local Rule 230(l), on the papers. (ECF No. 25 at 3.) Accordingly, the September 18, 2015 hearing is vacated.

         IT IS HEREBY ORDERED that the September 18, 2015 hearing on defendants' motion to dismiss is vacated. The motion shall be briefed pursuant to Local Rule 230(l).