Dwight G. Beard v. Mike Espy, Secretary, U.S. Department of Agriculture

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwight G. BEARD, Plaintiff-Appellant, v. Mike ESPY, Secretary, U.S. Department of Agriculture, Defendant-Appellee. No. 94-16748. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 11, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Since the parties are familiar with the facts we need not recite them here. 3 Beard claims that the district court's summary judgment order should be stricken because the district court did not rule within 180 days under Rule 1.10(o) of the Local Rules for the District of Arizona. By the plain language of Rule 1.10(o), there is no requirement that an order must be struck if it is entered 180 days after a matter has been taken under advisement, and thus, the district court was not precluded from issuing its summary judgment order. 4 Beard also contends that the district court should have entered summary judgment in…