Flowers v. Warden High Desert State Prison et al

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/13 ORDERING that Plaintiff is granted 30 days within which to file an amended opposition to defendants motion for summary judgment. Plaintiff need not file an amended opposition, but may do so having now been provided with Rand notice. Any reply to plaintiffs amended opposition shall be filed and served no later than 14 days after service of plaintiffs amended opposition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICO FLOWERS,

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Plaintiff,

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No. 2:12-cv-2047 MCE CKD P

v.

ORDER

HIGH DESERT STATE PRISON, et al.,

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Defendants.

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On September 9, 2013, defendants filed a motion for summary judgment, but did not

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provide plaintiff with the notice required under Rand v. Roland, 154 F.3d 952, 957 (9th

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Cir. 1998). Defendants provided “Rand notice” on November 13, 2013, after plaintiff filed his

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opposition to their motion for summary judgment.

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Good caused appearing, IT IS HERBY ORDERED that:

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1. Plaintiff is granted 30 days within which to file an amended opposition to defendants’

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motion for summary judgment. Plaintiff need not file an amended opposition, but may do so

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having now been provided with “Rand notice.”

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2. Any reply to plaintiff’s amended opposition shall be filed and served no later than 14

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days after service of plaintiff’s amended opposition.

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Dated: November 21, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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flow2047.46

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