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Jesus Aaron Gayton v. K. Harrington

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 18, 2011

JESUS AARON GAYTON,
PLAINTIFF,
v.
K. HARRINGTON, DEADLINE
DEFENDANT.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER VACATING DEFENDANTS' MOTION TO DISMISS FROM COURT'S CALENDAR PENDING OBJECTION (Doc. 18)

On June 11, 2010, Respondent filed a motion to dismiss, and the Magistrate Judge recommended the motion be granted on November 4, 2010. Due to Plaintiff's inability to complete and file objections, resolved in a separate order, the Court cannot yet rule on the motion. Therefore, in light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, Respondent's motion to dismiss is DEEMED VACATED from the Court's calendar until (1) Petitioner files his objections and Respondent's response, if any, is timely filed, or (2) the objection period expires without receipt of objections.*fn1

IT IS SO ORDERED.


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