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Cooper v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 2, 2010

ZEARLEAN COOPER, PLAINTIFF,
v.
MATTHEW CATE, SECRETARY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION; THE CALIFORNIA DEPARMENT OF CORRECTIONS & REHABILITATION; MARY LATTIMORE, WARDEN, CENTRAL CALIFORNIA WOMEN'S FACILITY; MICHAEL TANN, ASSOCIATE WARDEN CENTRAL CALIFORNIA WOMEN'S FACILITY; AND CAPTAIN FRANK SANDERS, JR, CUSTODY CAPTAIN CENTRAL CALIFORNIA WOMEN'S FACILITY, DEFENDANTS.

ORDER VACATING HEARING DATE OF NOVEMBER 8, 2010 AND TAKING MATTER UNDER SUBMISSION

Defendants have filed a motion to dismiss pursuant to Fed. Rule Civ. Proc. 12(b)(1) and (6); a motion for a more definite statement pursuant to Fed. Rule Civ. Proc. 12(e); and a motion to strike pursuant to Fed. Rule Civ. Proc. 12(f). Doc. 11. Plaintiff filed a notice of non- opposition. Doc. 14. No reply has been received. The court has reviewed the papers filed and has determined that the motion is suitable for decision without further oral argument. See Local Rule 230(g).

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of November 8, 2010, is VACATED, and no party shall appear at that time. As of that date, the court will take the matter under submission and will thereafter issue its decision.

IT IS SO ORDERED.

20101102

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