Ruby v. Matevovsian

Filing 30

ORDER Directing Plaintiff to File an Opposition or Statement of Non-Opposition to Defendant's Motion to Dismiss Re-Served on April 3, 2019 re 25 , 29 , signed by Magistrate Judge Stanley A. Boone on 4/3/19. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE RUBY,

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Plaintiff,
v.
WARDEN A. MATEVOVSIAN,
Defendant.

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Case No.: 1:18-cv-00200-SAB (PC)
ORDER DIRECTING PLAINTIFF TO FILE AN
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION TO
DISMISS RE-SERVED ON APRIL 3, 2019
[ECF Nos. 25, 29]

Plaintiff Steve Ruby is proceeding pro se and in forma pauperis in this action filed under the
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674.
On February 8, 2019, Defendant filed a motion to dismiss. On March 25, 2019, Defendant

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filed a reply noting the Plaintiff failed to file a timely opposition and the motion was deemed

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submitted for review pursuant to Local Rule 230(l).

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On April 3, 2019, Plaintiff filed a notice indicating that he never received Defendant’s motion

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to dismiss and only became aware of it by the filing of Defendant’s reply. Plaintiff requests a copy of

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the motion to dismiss be re-served.

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On this same date, Defendant filed a certificate of service indicating that an additional copy of

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the motion to dismiss, memorandum of points and authorities, declaration of Joshua Brown,

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declaration of Gerald Del Re, and the appendix were re-served on Plaintiff at his address of record.

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Based on the re-serve of the motion to dismiss and accompanying documents, it is HEREBY

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ORDERED that:

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Plaintiff shall file an opposition or statement of non-opposition within thirty (30) days
from the date of service of this order;

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2.

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Within seven (7) days of the filing of an opposition or statement of non-opposition,
Defendant may file a reply; and

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3.

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If Plaintiff fails to timely comply with this order, the motion to dismiss be deemed
submitted for review.

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IT IS SO ORDERED.

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Dated:

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April 3, 2019

UNITED STATES MAGISTRATE JUDGE

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