Opinion
3:11-cv-00272-LRH-VPC
04-25-2013
DON PHILIPPI, Plaintiff, v. HOWARD SKOLNIK, et. al., Defendants.
COUNSEL FOR PLAPNTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTES OF THE COURT
PRESENT: THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PLAPNTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is defendants' motion to strike Plaintiff's motion for summary judgment (#75). Plaintiff did not file an opposition. Defendants ask the court to strike Plaintiff's motion for summary judgment (#72) on the grounds that plaintiff filed this document after the time for filing dispositive motions had already passed.
Refers to the court's docket numbers.
On April 24, 2013, the court entered its Report and Recommendation granting defendants' motion for summary judgment on plaintiff s due process claim (Count I) and RLUIPA claim (Count II), and dismissing Plaintiff's First Amendment access to court and/or retaliation claim (Count III), thereby denying Plaintiff's motion for summary judgment (#72). Accordingly, the court finds defendants' motion to strike Plaintiff's motion for summary judgment (#75) to be moot.
Defendants' motion to strike Plaintiff's motion for summary judgment (#75) is hereby DENIED as moot. IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: ______________________
Deputy Clerk