IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 4, 2008
MARK S. ALLEN, PLAINTIFF,
MATTIE MAYHEW, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff brings this civil action pursuant to 42 U.S.C. § 1981. Pending before the court is defendants' motion to dismiss (Doc. 60) filed July 8, 2008. Plaintiff filed his response in opposition on July 25, 2008 (Doc. 71), and defendants filed a reply on September 3, 2008 (Doc. 72). This matter is currently on calendar for hearing before Magistrate Judge Kellison on September 10, 2008, at 10:00 a.m.
The court finds this matter is appropriate for submission on the papers currently on file without oral argument. See Local Rule 78-230(h). The court has the power to reopen the matter for further briefs, oral arguments, or both if the court deems it necessary. See id. Therefore, the hearing set for September 10, 2008, at 10:00 a.m. is hereby vacated and this matter is submitted.
IT IS SO ORDERED.
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