Ransom v. Westphal et al

Filing 24

ORDER Setting Briefing Schedule Re 22 Defendants' Motion to Dismiss and Submitting Matter for Determination Without Oral Argument, signed by District Judge Dana M. Sabraw on 9/17/2009. Plaintiff's Opposition, if any, due by 10/13/2009. Defendants' Reply to Opposition, if any, due by 10/20/2009. (Jessen, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P la i n t i f f , a state inmate currently incarcerated at California State Prison in Corcoran, C a lif o rn ia , filed an Amended Complaint on February 12, 2009, pursuant to 42 U.S.C. 1983. (D o c . No. 16.) Plaintiff is pro se and has been granted leave to proceed in forma pauperis p u rs u a n t to 28 U.S.C. 1915(a). On June 15, 2009, Defendants Thissen, Mounce, Holland and Hough filed a Motion to D is m is s pursuant to FED.R.CIV.P. 12(b)(6). (Doc. No. 22.) Defendants seek dismissal of this a c tio n on grounds that it is barred by the statute of limitations. Plaintiff was required to file either an opposition or a statement of non-opposition "not m o re than eighteen (18) days, plus three days for mailing ... after the date" he was served with th e motion. E.D. CAL. CIV. L.R. 78-230(m). Because failure to respond "may be deemed a vs. J .R . WESTPHAL, et al., D e f e n d a n ts . B R Y A N E. RANSOM, C D C R #H-71641, P la in tif f , Civil No. 1 : 0 8 c v 1 3 2 7 DMS (AJB) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Fresno Division O R D E R SETTING BRIEFING S C H E D U L E RE DEFENDANTS' M O T I O N TO DISMISS AND SUBMITTING MATTER FOR DETERMINATION WITHOUT ORAL ARGUMENT K:\COMMON\EVERYONE\_EFILE-PROSE\DMS\08cv1327-Briefing-EDCA-MTD.wpd -1- E.D. California 1:08cv1327 DMS (AJB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w a iv e r of any opposition to the granting of the motion and may result in the imposition of san ctio n s," the court hereby notifies Plaintiff of his responsibilities under Local Rule 78-230(m), a n d re-sets the following briefing schedule: 1) P la in tif f , if he chooses, may file an Opposition or a Statement of Non-opposition to Defendants' Motion (Doc. No. 22) and serve it upon Defendants' counsel of re c o rd no later than Tuesday, October 13, 2009. 2) D e f en d a n ts may file a Reply to Plaintiff's Opposition, and serve it upon Plaintiff n o later than Tuesday, October 20, 2009. A t that time, the Court will consider that matter fully briefed and will thereafter issue its w ritte n Order in due course and without hearing or oral argument. See E.D. CAL. CIV.L.R. 782 3 0 (m ). I T IS SO ORDERED. D A T E D : September 17, 2009 H O N . DANA M. SABRAW U n ite d States District Judge K:\COMMON\EVERYONE\_EFILE-PROSE\DMS\08cv1327-Briefing-EDCA-MTD.wpd -2- E.D. California 1:08cv1327 DMS (AJB)

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