IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 5, 2011
MANBINDER SINGH MINHAS,
TOM VILSACK, IN HIS CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR ANORDER SHORTENING TIME
On December 3, 2011, Plaintiff filed an "Ex Parte Application for Order Shortening Time for Hearing on Motion to Stay Six-Month SNAP Disqualification Pending De Novo Review". (ECF No. 8.) "Plaintiff requests that the Court set a hearing on or before December 9, 2011." Id. 1:27-28. Defendant filed an opposition to Plaintiff's application arguing no motion to stay has yet been filed and, under 7 U.S.C. § 2023(a)(17), a motion to stay "must be made on not less than ten days' notice." (ECF No. 9.)
Plaintiff has not filed a motion to stay. Therefore, the notice requirement in 7 U.S.C. § 2023(a)(17) need not be addressed, and Plaintiff's application is DENIED.
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