IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 21, 2012
MICHAEL CHESS, PLAINTIFF,
TOM FELKER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On May 31, 2011, defendants filed a summary judgment motion. On November 14, 2011, the undersigned recommended that this action be dismissed for lack of subject matter jurisdiction. These findings and recommendations are pending before the district court.
Accordingly, IT IS HEREBY ORDERED that defendants' May 31, 2011 summary judgment motion (Dkt. No. 48) is vacated from the calendar; if the district court does not adopt the findings and recommendations, defendants' summary judgment motion will be reinstated.
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