Keel v. Foulk et al

Filing 54

ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/04/21 ORDERING Within seven days of the date of this order, defendants shall reserve their motion to dismiss on plaintiff at his new address of record: Ricky Ray KeelC-34945, Salinas Valley St ate Prison, PO Box 1050, Soledad, CA 93960-1050. Defendants shall also file with the court, within seven days of this order, a new proof of service. Within 21 days of service, plaintiff shall file either an opposition or a statement of non-opposition to defendants motion. Defendants may file a reply to plaintiffs opposition, if any, 7 days thereafter.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICKY RAY KEEL,

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Case No. 2:16-cv-01946-TLN-JDP (PC)

Plaintiff,

ORDER DIRECT DEFENDANTS TO
RESERVE THEIR MOTION TO DISMISS

v.
ECF No. 51
PINE, et al.,
Defendants.

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On March 24, 2021, defendants filed a motion to dismiss the complaint pursuant to

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Federal Rule of Civil Procedure 12(b)(6). ECF No. 51. Defendants served plaintiff by mailing

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him a copy of the motion to California State Prison Los Angeles County. ECF No. 21 at 3.

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Shortly thereafter, plaintiff filed a notice of change of address, which notified the court and

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defendants that he had been moved to Salinas Valley State Prison. ECF No. 53. The docket does

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not reflect that defendants reserved their motion on plaintiff at his new address, and plaintiff has

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not filed a response to defendants’ motion. Thus, it appears that plaintiff never received a copy of

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defendants’ motion to dismiss.

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Accordingly, it is hereby ORDERED that:

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1. Within seven days of the date of this order, defendants shall reserve their motion to

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dismiss on plaintiff at his new address of record:

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Ricky Ray Keel
C-34945
Salinas Valley State Prison (1050)
PO Box 1050
Soledad, CA 93960-1050

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2. Defendants shall also file with the court, within seven days of this order, a new proof

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of service.
3. Within twenty-one days of service, plaintiff shall file either an opposition or a

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statement of non-opposition to defendants’ motion.
4. Defendants may file a reply to plaintiff’s opposition, if any, seven days thereafter.

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IT IS SO ORDERED.
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Dated:

May 4, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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