Aubert v. Elijah et al

Filing 70

ORDER Directing Clerk to Re-Serve Second Informational Order with RAND Notice Upon Plaintiff, signed by Magistrate Judge Gary S. Austin on 7/9/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESS’NN AUBERT,

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Plaintiff,
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vs.
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KEVIN ELIJAH, et al.,
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Defendants.
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____________________________________)

1:07-cv-001629 LJO GSA PC
ORDER DIRECTING CLERK TO RESERVE SECOND INFORMATIONAL
ORDER WITH RAND NOTICE ON
PLAINTIFF

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Plaintiff is a prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983.

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On March 15, 2012, Defendants filed motions for summary judgment. By this motion, Defendants seek

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judgment as a matter of law, closing this action in its entirety.

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On June 17, 2009, the Court issued the Second Informational Order, Motion to Dismiss Notice,

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and Summary Judgment Notice in this action, providing Plaintiff with notice pursuant to Rand v.

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Rowland, 154 F.3d 952 (9th Cir. 1998), advising Plaintiff of his rights and responsibilities to oppose a

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motion to dismiss such as that filed by Defendants in this action. At this juncture, Plaintiff shall be

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provided with another copy of the Order/Notice. Woods v. Carey, No. 09-15548, 09-16113, 2012 WL

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2626912 (9th Cir. Jul. 6, 2012). Plaintiff is advised to immediately review the Order/Notice in its

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entirety for information pertaining to his opposition to Defendants' pending motion to dismiss.

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///

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Accordingly, IT IS HEREBY ORDERED that the Clerk shall serve another copy of the Second

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Informational Order, Motion to Dismiss Notice and Summary Judgment Notice upon Plaintiff, for his

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review.

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IT IS SO ORDERED.

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Dated:
6i0kij

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July 9, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE