Elmore v. Flippo et al

Filing 51

ORDER DIRECTING Clerk to Re-Serve Second Informational Order with Rand Notice upon Plaintiff signed by Magistrate Judge Gary S. Austin on 7/10/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONIE ELMORE,

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Plaintiff,
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vs.
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D. GOREE, et al.,
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Defendants.
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____________________________________)

1:10-cv-01738-GSA-PC
ORDER DIRECTING CLERK TO RESERVE SECOND INFORMATIONAL
ORDER WITH RAND NOTICE UPON
PLAINTIFF
(Doc. 42-1.)

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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 July 9, 2012, Defendants filed a motion to dismiss this action for Plaintiff's failure to exhaust

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administrative remedies and failure to comply with the Government Claims Act. (Doc. 50.) By this

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motion, Defendants seek to dismiss this action in its entirety.

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On March 20, 2012, 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. 42-1.) 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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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. 42-1) upon

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Plaintiff, for his review.

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IT IS SO ORDERED.

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Dated:
6i0kij

July 10, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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