Benyamini v. Blackburn, 13-cv-0205 MCE AC P. (2016)
Court: District Court, E.D. California
Number: infdco20160408l11
Visitors: 13
Filed: Apr. 07, 2016
Latest Update: Apr. 07, 2016
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 1983. Currently pending is defendants' motion for an order declaring plaintiff a vexatious litigant. ECF No. 88. The motion is set for hearing on May 25, 2016. Id. The court finds that oral argument is not necessary in this instance and the hearing will be vacated. The court will set a deadline for plaintiff's response and defendants' reply an
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 1983. Currently pending is defendants' motion for an order declaring plaintiff a vexatious litigant. ECF No. 88. The motion is set for hearing on May 25, 2016. Id. The court finds that oral argument is not necessary in this instance and the hearing will be vacated. The court will set a deadline for plaintiff's response and defendants' reply and..
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ORDER
ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently pending is defendants' motion for an order declaring plaintiff a vexatious litigant. ECF No. 88. The motion is set for hearing on May 25, 2016. Id. The court finds that oral argument is not necessary in this instance and the hearing will be vacated. The court will set a deadline for plaintiff's response and defendants' reply and, upon completion of briefing, the motion will be decided on the papers.
Accordingly, IT IS HEREBY ORDERED that:
1. The hearing on the motion for an order declaring plaintiff a vexatious litigant, set for May 25, 2016, at 10:00 a.m., is vacated.
2. Plaintiff shall file any response to the motion for court order within twenty-one days of service of this order. Defendants may file a reply within seven days of service of the response.
3. Upon completion of briefing, the motion for an order declaring plaintiff a vexatious litigant will be decided on the papers without oral argument by the parties.
Source: Leagle
