DeVon v. Diaz et al

Filing 47

ORDER DIRECTING Clerk to Re-Serve [36-1] Second Informational Order with RAND NOTICE on Plaintiff signed by Magistrate Judge Gary S. Austin on 7/9/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALAN DeVON,

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Plaintiff,
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vs.
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DIAZ, et al.,
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Defendants.
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____________________________________)

1:07-cv-01727-AWI-GSA-PC
ORDER DIRECTING CLERK TO RESERVE SECOND INFORMATIONAL
ORDER WITH RAND NOTICE ON
PLAINTIFF
(Doc. 36-1.)

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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 October 18, 2011, Defendants filed a motion to dismiss this action for Plaintiff's failure to exhaust

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administrative remedies. (Doc. 41.) By this motion, Defendants seek to dismiss this action in its

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entirety.

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On July 19, 2011, 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. (Doc. 36-1.) At this juncture, Plaintiff

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

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

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in its 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 (Doc. 36-1) upon

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Plaintiff, for his 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