Smith v. Davis et al

Filing 42

ORDER PROVIDING PLAINTIFF NOTICE AND WARNING; SCHEDULING SUPPLEMENTAL BRIEFING. Signed by Judge Jeffrey S. White on 7/11/12. (jjoS, COURT STAFF) (Filed on 7/11/2012)

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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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ORDER PROVIDING
PLAINTIFF NOTICE AND
WARNING; SCHEDULING
SUPPLEMENTAL BRIEFING

Plaintiff,
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v.
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STEVEN G. DAVIS,
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Defendants.
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Plaintiff, a California prisoner pro se, filed this civil rights action under 42 U.S.C. §

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1983. Defendants have filed a motion to dismiss in which they argue that Plaintiff’s claims

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are not exhausted as required by 42 U.S.C. § 1997e. Pursuant to Woods v. Carey, No. 09-

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15548, slip op. 7871, 7884-85 (9th Cir. July 6, 2012), Plaintiff is given the following notice

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and warning for a second time:

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If defendants file an unenumerated motion to dismiss for failure to

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exhaust, they are seeking to have your case dismissed. If the motion is

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granted it will end your case.

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You have the right to present any evidence you may have which tends to

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show that you did exhaust your administrative remedies. Such evidence may be

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in the form of declarations (statements signed under penalty of perjury) or

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authenticated documents, that is, documents accompanied by a declaration

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showing where they came from and why they are authentic, or other sworn

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papers, such as answers to interrogatories or depositions.

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If defendants file a motion to dismiss and it is granted, your case
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will be dismissed and there will be no trial.
See also Wyatt v. Terhune, 315 F.3d 1108, 1120 n. 4 (9th Cir. 2003).
Plaintiff may supplement his opposition to Defendants’ motion in light of the

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foregoing on or before August 1, 2012. Defendants shall file a supplemental reply brief

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within 7 days of the date any supplemental opposition is filed. If Plaintiff does not

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supplement his opposition, Defendants’ motion will be decided on the papers that have

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already been filed.

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IT IS SO ORDERED.
DATED: July 11, 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,
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Plaintiff,
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v.
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STEVEN G. DAVIS et al,
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Defendant.
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Case Number: CV07-04089 JSW
CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
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That on July 11, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
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copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
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receptacle located in the Clerk's office.
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Lynnard A. Smith
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D89280
CSP Solano
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P.O. Box 4000
Vacaville, CA 95696
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Dated: July 11, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk