Perez v. Padilla
Filing
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ORDER on Plaintiff's Letter 33 , signed by Magistrate Judge Erica P. Grosjean on 12/12/16. 21-Day Deadline to File Response to Motion to Dismiss. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:14-cv-01730-EPG (PC)
JOSEPH PEREZ,
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ORDER ON PLAINTIFF’S LETTER
(ECF NO. 33)
Plaintiff,
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v.
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R. PADILLA,
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21-DAY DEADLINE
Defendant.
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Joseph Perez (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. ' 1983. On November 15, 2016, defendant Padilla
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filed a motion to dismiss. (ECF No. 30). Plaintiff also filed a notice of the motion to dismiss,
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which included a hearing date. (Id.). Because having a hearing on a motion to dismiss is not
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the Court’s regular practice (see Local Rule 230(l)), the Court vacated the hearing and ordered
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Plaintiff to file a response (ECF No. 32). On December 8, 2016, Plaintiff filed a letter. (ECF
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No. 33).
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It is difficult to determine what Plaintiff is asking for. Near the end of the letter
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Plaintiff states that he wants to know when he can be present on this matter. It appears that the
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setting and vacating of the hearing may have confused Plaintiff. As mentioned above, there
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will be no hearing on defendant Padilla’s motion to dismiss unless the Court determines one is
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required after review of all the briefing. Generally, the Court does not conduct oral arguments
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for motions to dismiss. Thus, Plaintiff must file a written response to the motion to dismiss.
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Because of this apparent confusion, the Court will grant Plaintiff twenty-one days from
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the date of service of this order to file a written response to the motion to dismiss. Defendant
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Padilla will have seven days from the filing of the response to file a reply.
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Accordingly, it is ORDERED that Plaintiff has twenty-one days from the date of service
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of this order to file a written response to defendant Padilla’s motion to dismiss. Defendant has
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seven days from the filing of the response to file a reply.
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Failure to respond to the motion to dismiss may result in the motion to dismiss being
granted.
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IT IS SO ORDERED.
Dated:
December 12, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
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