Reece v. Basi, et al

Filing 101

ORDER signed by Magistrate Judge Allison Claire on 12/07/15 ordering that within 14 days of service of this order, plaintiff must file a notice with the court stating whether he filed a renewed motion for summary judgment against defendants Lahey an d Villote or whether he intended to file only an opposition to the motion for summary judgment filed by defendants Lahey and Villote. If plaintiff filed a renewed motion for summary judgment against defendants Lahey and Villote, he must submit another copy for filing and state the date he originally mailed the renewed motion. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES G. REECE,

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No. 2:11-cv-2712 TLN AC P

Plaintiff,
v.

ORDER

AMRICK BASI, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Because of a docketing error and the need for clarification regarding plaintiff’s

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claims, the court vacated the parties’ cross-motions for summary judgment with leave to re-file

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the motions within sixty days. ECF No. 91.

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The court has received motions for summary judgment from defendants Lahey, Villote,

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and Basi. ECF Nos. 92, 94. The court has also received a motion for summary judgment from

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plaintiff against defendant Basi. ECF No. 95. The court has not received a motion for summary

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judgment from plaintiff against defendants Lahey and Villote, though it has received plaintiff’s

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opposition to their motion for summary judgment (ECF Nos. 96-100). The court notes that

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during the original filing of dispositive motions, plaintiff filed a motion for summary judgment

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against defendants Lahey and Villote that was designated as a “supplemental” motion for

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summary judgment. ECF No. 73-1. In light of the previous docketing error in this case, and to
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prevent any further such errors or delay, the court seeks clarification from plaintiff as to whether

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he filed a motion for summary judgment against defendants Lahey and Villote or whether he

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intended only to oppose their motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of service of this

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order, plaintiff must file a notice with the court stating whether he filed a renewed motion for

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summary judgment against defendants Lahey and Villote or whether he intended to file only an

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opposition to the motion for summary judgment filed by defendants Lahey and Villote. If

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plaintiff filed a renewed motion for summary judgment against defendants Lahey and Villote, he

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must submit another copy for filing and state the date he originally mailed the renewed motion.

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DATED: December 7, 2015

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