Opinion
CV F 03 5321 OWW LJO P, (Doc. 51.).
February 10, 2006
ORDER DENYING APPLICATION TO APPLY OTHER PROVISIONS OF LOCAL RULE 78-230.
Josh Thomas Miller ("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 7, 2006, Defendant filed an Application to apply other provisions of Local Rule 78-230(m). Defendant states that the Court should apply these provisions in lieu of 78-230(m) because Plaintiff is no longer in custody as he is living in Modesto, and California State Prison — Corcoran is located in Kings County. (Application at 1.)
Pursuant to Local Rule 78-230(m), "[a]ll motions, except for motions to dismiss for lack of prosecution, filed in cases wherein one party is incarcerated and proceeding in propria persona, shall be submitted upon the record without oral argument unless otherwise ordered by the Court." 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 when a 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 finds no justification to deviate from the provisions of Rule 78-230(m) and Defendant's Application is DENIED.
IT IS SO ORDERED.