Gonzalez, Jr. v. Gamberg, et al.

Filing 27

ORDER signed by Judge Kimberly J. Mueller on 9/28/15 ORDERING that within fourteen days from the date of this order defendants shall file and serve a response to the equitable tolling argument raised in Plaintiff's objections. Plaintiff may file and serve a reply within fourteen daysthereafter.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE GONZALEZ, JR.,

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Plaintiff,

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No. 2:14-cv-0737 KJM CKD P

v.

ORDER

R. GAMBERG, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 18, 2015, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations. In his objections, plaintiff argues for the first time that his state

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law battery claims against defendants Gamberg, Wheeler and Lively are saved from dismissal as

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time-barred by equitable tolling principles arising under California law. Good cause appearing,

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defendants will be directed to file a response to plaintiff’s equitable tolling argument.

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In accordance with the above, IT IS HEREBY ORDERED that within fourteen days from

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the date of this order defendants shall file and serve a response to the equitable tolling argument

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raised in plaintiff’s objections. Plaintiff may file and serve a reply within fourteen days

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thereafter.

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DATED: September 28, 2015.

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UNITED STATES DISTRICT JUDGE

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