Dawson v. Commissioner of the Department of Corrections and Rehabilitation et al

Filing 34

ORDER GRANTING Extension of Time for Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion to Dismiss and ORDER for Clerk to Send Plaintiff Docket Sheet and Copy of ECF No. 27 signed by Magistrate Judge Gary S. Austin on 5/8/2017. 21-day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISAAC DA’BOUR DAWSON,

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Plaintiff,

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vs.
CDCR, et al.,

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Defendants.

1:15-cv-01867-DAD-GSA-PC
ORDER GRANTING EXTENSION OF
TIME FOR PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO
DEFENDANTS’ MOTION TO
DISMISS
(ECF No. 27.)

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TWENTY-ONE DAY DEADLINE

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ORDER FOR CLERK TO SEND
PLAINTIFF DOCKET SHEET AND
COPY OF ECF No. 27

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I.

BACKGROUND

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On April 13, 2017, the court issued an order requiring Plaintiff to file an opposition, or

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notice of non-opposition, to the motion to dismiss filed on December 14, 2016. (ECF No. 32.)

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On May 2, 2017, Plaintiff filed a response to the order. (ECF No. 33.) In the response,

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Plaintiff declined to file an opposition, claiming that Defendants’ motion to dismiss had already

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been denied by Judge Dennis L. Beck. Plaintiff referred to the motion to dismiss filed on

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December 14, 2016, as a “fake motion,” and indicated his non-opposition to the motion. (Id. at

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2:4.)

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CDCR.” (Id. at 2:6.)

Plaintiff also requested copies of all motions that were filed while he was “outside of

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II.

OPPOSITION TO MOTION TO DISMISS

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Plaintiff is mistaken that the motion to dismiss filed on December 14, 2016, is a “fake

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motion” that has already been denied. It is likely that Plaintiff is referring to Defendants’

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motion to revoke Plaintiff’s in forma pauperis status, which was denied by the court on

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November 8, 2016. On December 14, 2016, Defendants filed a motion to dismiss which is now

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pending. (ECF No. 27.) Plaintiff is cautioned that if he does not file an opposition to the

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motion to dismiss pursuant to this order, this case will be dismissed for failure to comply with

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the court’s order. Plaintiff shall be granted another twenty-one days to file his opposition.

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III.

REQUEST FOR COPIES

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Plaintiff has requested copies of all motions filed while he was “outside of CDCR,”

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because his mail is not being forwarded to him in a timely matter. The court shall not speculate

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as to which documents Plaintiff has not received. The Clerk shall be directed to send Plaintiff a

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copy of the docket sheet for this case, Plaintiff can then review the record and decide which

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documents he needs.

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Plaintiff is advised that the Clerk does not ordinarily provide free copies of case

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documents to parties. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C.

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§ 1914(a). Copies of up to twenty pages may be made by the Clerk's Office at this court upon

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written request and prepayment of the copy fees. The fact that the court has granted leave for

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Plaintiff to proceed in forma pauperis does not entitle him to free copies of documents from the

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court. Therefore, Plaintiff’s request for copies shall be denied. To request copies at this stage

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of the proceedings, Plaintiff must submit a request in writing to the Clerk, a large self-

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addressed envelope affixed with sufficient postage, and prepayment of copy costs to the Clerk.

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Notwithstanding this ruling, the court shall provide Plaintiff with a copy of the motion

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to dismiss so that he can file an opposition.

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IV.

ADDRESS OF RECORD

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Plaintiff’s address of record at the court is at the Sacramento County Main Jail, 651 I

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Street, Sacramento, CA 95814. If Plaintiff’s address changes, he must submit a notice of

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change of address to the court. Plaintiff is cautioned that pro se litigants are required to notify
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the Clerk and all other parties of any change of address, and absent such notice, service of

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documents at the prior address of the party shall be fully effective. See Local Rule 182(f).

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Moreover, Plaintiff=s failure to comply with an order or any Local Rule may be grounds for

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dismissal of the entire action. See Local Rule 110.

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V.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Within twenty-one days of the date of service of this order, Plaintiff shall file

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an opposition or statement of non-opposition to the motion to dismiss filed on

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December 14, 2016 by Defendants Guzman, Gonzales, Marsh, and Johnson,

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pursuant to the order issued on April 13, 2017;
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The Clerk of Court is directed to send Plaintiff:

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(1)

A copy of the docket sheet for this case, and

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(2)

A copy of Defendants’ motion to dismiss filed on December 14,

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2016, (ECF No. 27); and
3.

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Plaintiff’s failure to comply with this order may result in the dismissal of this
case.

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IT IS SO ORDERED.
Dated:

May 8, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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