Sykes v. Athannasious

Full title: MILTON SYKES, Plaintiff, v. ATHANNASIOUS, et al., Defendants.

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

Date published: Mar 16, 2015

2:12-cv-2570 TLN KJN P (E.D. Cal. Mar. 16, 2015)

Opinion

MILTON SYKES, Plaintiff, v. ATHANNASIOUS, et al., Defendants. No. 2:12-cv-2570 TLN KJN P United States District Court, E.D. California. March 16, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. Defendants Dr. Aguilera & Dr. Haile jointly filed a motion to dismiss, currently set for hearing on March 26, 2015. (ECF No. 103.) Having reviewed the moving papers, as well as plaintiff's opposition (ECF No. 107), the court finds oral argument regarding this matter to be unnecessary and will therefore decide the motion on the papers.

         Accordingly, IT IS HEREBY ORDERED that:

1. The hearing on defendants Dr. Aguilera & Dr. Haile's motion to dismiss, currently set for Thursday, March 26, 2015, at 10:00 a.m., in Courtroom No. 25, is vacated.

2. Defendants Dr. Aguilera's & Dr. Haile's reply to plaintiff's opposition, if any, must still be filed no later than 4:30 p.m. on Thursday, March 19, 2015. The motion will thereafter be deemed submitted.