Burgos v. Cate et al

Filing 44

ORDER signed by Magistrate Judge Craig M. Kellison on 8/7/12 ORDERING that plaintiff may file a supplemental opposition to the motion to dismiss within 30 days from the date of this order. Defendants may file a supplemental reply within 15 days after any opposition by plaintiff is filed with the court.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD MANUEL BURGOS,
Plaintiff,

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vs.

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No. CIV S-09-3276-MCE-CMK-P

ORDER

MATTHEW L. CATE, et al.,
Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is defendants’ request for supplemental briefing

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on the pending motion to dismiss (Doc. 42).
Defendants filed the pending motion to dismiss without providing the

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contemporaneous notice now required by the Ninth Circuit pursuant to Woods v. Carey, 2012

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WL 2626912 (th Cir. July 6, 2012). Accordingly, the defendants request the court allow time for

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additional briefing on the motion to dismiss now that the proper notice has been provided. Good

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cause appearing, this request is granted.

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Plaintiff may file a supplemental opposition to the motion to dismiss within 30

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days from the date of this order. Defendants may file a supplemental reply within 15 days after

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any opposition by plaintiff is filed with the court.

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IT IS SO ORDERED.

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DATED: August 7, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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