Majstoric v. Sacramento County Sheriff's Department et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/2012 DENYING plaintiff's 23 , 24 motions "to oppose". (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANKO MAJSTORIC,

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Plaintiff,

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No. 2:11-cv-2006 KJN P

vs.
DEPUTY HOMEN,

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Defendant.

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ORDER
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Plaintiff is a prisoner proceeding without counsel. On April 23, 2012, plaintiff

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filed two motions: a motion to oppose dismissal for failure to exhaust, and a motion to oppose

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summary judgment. (Dkt. Nos. 23, 24.) However, defendant has not filed a motion to dismiss

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for failure to exhaust, or a motion for summary judgment. It appears plaintiff may be attempting

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to pro-actively oppose the filing of any such motion because he asks the court to oppose “any”

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motions for summary judgment or to dismiss for failure to exhaust. Plaintiff is advised that he

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must wait to file an opposition until the defendant files such a motion. Therefore, plaintiff’s

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motions “to oppose” are denied as premature.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 23, 2012 motions

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are denied. (Dkt. Nos. 23, 24.)

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DATED: May 10, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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majs2006.den

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