Alfaro v. McGuinness et al

Filing 33

ORDER REQUIRING Defendants to File Exhibits in Support of Their Motion to Dismiss and Amended Motion to Dismiss, signed by Magistrate Judge Barbara A. McAuliffe on 5/5/15: Seven-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE ALFARO,
Plaintiff,

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v.

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ORDER REQUIRING DEFENDANTS TO
FILE EXHIBITS IN SUPPORT OF THEIR
MOTION TO DISMISS AND AMENDED
MOTION TO DISMISS

WILLIAM J. MCGUINNESS, et al.,

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Case No. 1:12-cv-00568-LJO-BAM PC

Defendants.
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SEVEN-DAY DEADLINE
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Plaintiff Jesse Alfaro, a former state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 12, 2012. This action for
18 damages is proceeding on Plaintiff’s complaint against Defendants McGuinness, Moon, Neubarth,
19 John Doe and Jane Doe for deliberate indifference to serious medical needs in violation of the
20 Eighth Amendment of the United States Constitution.
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On March 12, 2015, Defendants filed a motion to dismiss Plaintiff’s complaint based on a

22 failure to prosecute. (ECF No. 31.) On April 8, 2015, Defendants filed an amended motion to
23 dismiss correcting the conclusion section of the original motion to dismiss. (ECF No. 32.)
24 Although Plaintiff’s original motion includes a declaration with supporting exhibits, the
25 referenced exhibits have not been filed with either motion.
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Accordingly, it is HEREBY ORDERED that:

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1. Within seven (7) days from the date of this order, Defendants shall file the exhibits

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referenced in their March 12, 2015 motion to dismiss; and

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2. Within seven (7) days from the date of this order, Defendants also shall submit a

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declaration, under penalty of perjury, identifying when the supporting exhibits were

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served on Plaintiff Jesse Alfaro.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 5, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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