(PC) Hisle v. Conanon, et al., No. 1:2017cv01400 - Document 144 (E.D. Cal. 2020)

Court Description: ORDER VACATING November 10, 2020 140 Findings and Recommendations, and Directing Defendant to File a Response to Plaintiff's Motion for Summary Judgment within Twenty-One Days signed by Magistrate Judge Stanley A. Boone on 12/16/2020.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS CURTIS HISLE, 12 Plaintiff, 13 14 v. MARLYN CONANAN, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01400-NONE-SAB (PC) ORDER VACATING NOVEMBER 10, 2020 FINDINGS AND RECOMMENDATIONS, AND DIRECTING DEFENDANT TO FILE A RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT WITHIN TWENTYONE DAYS (ECF No. 140) Plaintiff Dennis Curtis Hisle is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On November 10, 2020, the Court issued Findings and Recommendations recommending that 20 Plaintiff’s motion for summary judgment filed on August 6, 2020, be denied. (ECF No. 140.) 21 Plaintiff filed objections to the Findings and Recommendations on December 3, 2020. (ECF No. 142.) Based on a review of the record and Plaintiff’s objections, the Court finds the November 10, 22 23 2020 Findings and Recommendations shall be vacated they were issued prior to the scheduling order 24 previously set forth in this case. (See ECF No. 124.) 25 /// 26 /// 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The November 10, 2020 Findings and Recommendations are vacated; and 3 2. Within twenty-one (21) days from the date of service of this order, Defendant shall file 4 an opposition or statement of non-opposition to Plaintiff’s motion for summary 5 judgment filed on August 6, 2020 (ECF No. 122.) 6 7 IT IS SO ORDERED. 8 Dated: 9 December 16, 2020 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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