(PC) Kornfeld v. Management & Training Corp. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAY J. KORNFELD, Case No. 1:21-cv-00847-NONE-BAM (PC) 12 Plaintiff, ORDER VACATING OCTOBER 1, 2021, HEARING ON DEFENDANTS’ MOTION TO 13 v. DISMISS 14 MANAGEMENT & TRAINING CORP., (ECF No. 11) et al., 15 Defendants. 16 17 Plaintiff Ray J. Kornfeld (“Plaintiff”) is a former federal prisoner proceeding pro se in this 18 civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 19 403 U.S. 388 (1971). 20 On August 30, 2021, Defendants filed a motion to dismiss. (ECF No. 11.) Defendants set 21 the motion for hearing before the undersigned on October 1, 2021, at 9:00 a.m. (Id.) 22 The parties are advised that “all motions, except motions to dismiss for lack of 23 prosecution, filed in actions wherein one party is incarcerated and proceeding in propia persona, 24 shall be submitted upon the record without oral argument unless otherwise ordered by the Court. 25 Such motions need not be noticed on the motion calendar.” Local Rule 230(l). Although 26 Plaintiff is no longer in custody, the parties are advised that it is the Court’s general practice to 27 continue to apply Local Rule 230(l) and certain other local rules concerning actions in which one 28 party is incarcerated and proceeding in propia persona, even when the pro se plaintiff is no 1 longer incarcerated. 2 Accordingly, IT IS HEREBY ORDERED as follows: 3 1. The motion hearing set for October 1, 2021 before the undersigned, is VACATED; 4 and 5 2. Plaintiff’s opposition or statement of non-opposition to Defendants’ motion to dismiss 6 remains due within twenty-one (21) days after the date of service of the motion. 7 IT IS SO ORDERED. 8 9 Dated: August 31, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28