IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 22, 2010
ROBERT P. BENYAMINI, PLAINTIFF,
V. OGBEIDE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff filed a "motion for stay while appealing." Plaintiff stated that he was appealing the court's April 30, 2010, order dismissing two defendants with leave to amend. Plaintiff's untimely motion for reconsideration of that order was denied by an order filed on June 28, 2010. Thereafter, the August 18, 2010 findings and recommendations recommending dismissal of the two defendants, Ogbeide and Vicks, were adopted by order filed on September 2, 2010, and these defendants were dismissed from this action. Service has been directed upon the remaining two defendants. See Order, filed on September 29, 2010.*fn1 In addition, on November 2, 2010, the Ninth Circuit Court of Appeal filed an order denying plaintiff permission to appeal.
Accordingly, IT IS ORDERED that plaintiff's motion for a stay pending appeal, filed on September 22, 2010 (docket # 16), is vacated from this court's calendar as both inapposite and moot.