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Harvey v. City of Fresno

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 11, 2009

DEMETRIUS L. HARVEY, PLAINTIFF,
v.
CITY OF FRESNO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS (Docs 17 & 19) AS MOOT AND VACATING ORAL ARGUMENT SET FOR MONDAY, JUNE 15, 2009

Because Plaintiff has filed a First Amended Complaint as of right pursuant to Rule 15(a), Federal Rules of Civil Procedure, Defendants' motions to dismiss, which are not dispositive pleadings under Rule 15(a), are DENIED AS MOOT. Oral argument on the motions to dismiss set for Monday, June 15, 2009 is VACATED.

IT IS SO ORDERED.

20090611

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