Ayala v. Ayers et al

Filing 177

ORDER re 151 MOTION for Order to Show Cause. Signed by Judge JEFFREY S. WHITE on 2/22/13. (jjoS, COURT STAFF) (Filed on 2/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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REYNALDO AYALA,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 10-00979 JSW

v.
ROBERT AYERS, JR, ET AL.,

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ORDER RE MOTION FOR AN
ORDER TO SHOW CAUSE

Defendants.
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Now before the Court is the motion filed by Plaintiff Reynaldo Ayala for an order

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requiring Defendants D. Schlosser, J. Guthrie, J. Wagner, and S. Faaita (collectively, “Custody

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Staff Defendants”) to file an answer to the Third Amended Complaint. The Court finds that this

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matter is appropriate for disposition without oral argument and it is deemed submitted. See Civ.

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L.R. 7-1(b). Accordingly, the hearing set for March 22, 2013 is HEREBY VACATED. Having

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considered the parties’ papers and the relevant legal authority, and good cause appearing, the

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Court hereby GRANTS Plaintiff’s request.

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Defendants to a lawsuit brought by a prison inmate may formally waive their right to

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reply to a complaint. According to 42 U.S.C. § 1997e(g)(1), “[a]ny defendant may waive the

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right to reply to any action brought by a prisoner confined to any jail, prison, or other

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correctional facility under section 1983 of this title or any other Federal law.” However, the

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Court may order that defendants to respond to the complaint pursuant to 42 U.S.C. §

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1997e(g)(2).

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The Court finds it appropriate in this matter for Custody Staff Defendants to file a
written answer to the Third Amended Complaint by no later than March 8, 2013.
IT IS SO ORDERED.
Dated: February 22, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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