Opinion
No. CV F 03 5295 OWW LJO P.
February 9, 2006
ORDER VACATING HEARING SET FOR MARCH 20, 2006, 10:00 A.M., COURTROOM 3.
Baltazar Godoy-Aguirre ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On February 8, 2006, Defendants filed a Motion to Dismiss and noticed that motion on the calendar of the undersigned. However, pursuant to Local Rule 78-230(m) "all motions . . . filed in cases wherein one party is incarcerated and proceeding in propria persona, shall be submitted upon the record and without oral argument unless otherwise ordered." Local Rule 78-230(m). While the Court recognizes that Plaintiff may no longer be in state custody, it is this Court's practice to apply the provision of Local Rule 78-230(m) to all prisoner cases even in the event the Plaintiff has been released from custody. Should the Court find a hearing requiring the presence of the parties necessary, it shall so order. Accordingly, the Court exercises its discretion to continue to apply the Rule 78-230(m) to this case.
Accordingly, the Court HEREBY ORDERS:
1. The hearing noticed on the Motion calendar for March 20, 2006, is HEREBY VACATED.
The Court will resolve the Motion to Dismiss, or in the alternative, Motion for Summary Judgment in due course.
IT IS SO ORDERED.