Smith v. Davis et al

Filing 36

ORDER SCHEDULING BRIEFING; REOPENING CASE. Signed by Judge Jeffrey S. White on 4/9/12. (jjoS, COURT STAFF) (Filed on 4/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNNARD SMITH,

No. C 07-4089 JSW (PR)

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Plaintiff,

ORDER SCHEDULING BRIEFING;
REOPENING CASE

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v.
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STEVEN G. DAVIS,
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Defendants.
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This is a federal civil rights action filed by a state prisoner pursuant to 42 U.S.C. § 1983.

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Defendants’ motion to dismiss the complaint for lack of exhaustion was granted, and the case was

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dismissed without prejudice. On appeal, the United States Court of Appeals for the Ninth Circuit

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ruled that it is “in doubt as to exhaustion,” and accordingly vacated the judgment and remanded the

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case to this court with instructions “to reexamine whether Smith properly exhausted his retaliation

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claim.” The parties are directed to address this issue as follows:

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Within 30 days of the date this order is filed, Defendants shall file a supplemental

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memorandum of points and authorities in support of their motion to dismiss addressing whether, in

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light of the Ninth Circuit’s opinion, Plaintiff has exhausted his retaliation claim. Within 30 days of

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the date the supplemental memorandum is filed, Plaintiff may file a supplemental opposition

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addressing the same issue. Defendants shall file a reply brief within 14 days of the date any

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supplemental opposition is filed.

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IT IS SO ORDERED.
DATED: April 9, 2012
JEFFREY S. WHITE
United States District Judge
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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LYNNARD A. SMITH,

Case Number: CV07-04089 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.
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STEVEN G. DAVIS et al,
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Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on April 9, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Lynnard A. Smith
D89280
18 CSP Solano
P.O. Box 4000
19 Vacaville, CA 95696
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21 Dated: April 9, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk