Ayala v. Ayers et al

Filing 30


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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 11 For the Northern District of California United States District Court 10 12 REYNALDO AYALA, ) ) Plaintiff, ) ) v. ) ) ROBERT AYERS, JR., et al., ) ) Defendants. ) _________________________________ ) No. C 10-0979 JSW (PR) ORDER LIFTING STAY, DISMISSING A DEFENDANT, AND SETTING DEADLINES 13 14 This is a pro se section 1983 civil rights action filed by a prisoner at San Quentin 15 State Prison. On September 22, 2011, the Court denied the motion to dismiss filed by 16 defendants Faria, Wagner, Guthrie, and Schlosser and Hansen, granted the motion for 17 summary judgment of defendant Coleman, and referred the case to Magistrate Judge 18 Nandor Vadas for mediation. One defendant, Edmonds, had not been served; Plaintiff 19 was ordered to provide within thirty days an address at which he could be served. All 20 proceedings in the case except those related to the mediation and matters related to the 21 service of Edmonds were stayed pending mediation. A motion for leave to file a motion 22 to reconsider filed by Defendants was subsequently denied as having been filed in 23 violation of the stay. 24 Judge Vadas reports that the case did not settle. The stay is LIFTED. Plaintiff has 25 not provided an address for Edmonds; the claims against Edmonds are DISMISSED 26 without prejudice. 27 If Defendants wish to renew their motion for leave to file a motion to reconsider, 28 or if Plaintiff wishes to move for appointment of counsel because the case may be tried, 1 the deadline for doing so is thirty days from the date this order is entered. An opposition 2 or statement of nonopposition to any such motion shall be filed within fourteen days of 3 the date the motion is served and filed, and if any party desires to file a reply, it is due 4 within seven days of the date the opposition is served and filed. 5 6 7 IT IS SO ORDERED. DATED: December 8, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 REYNALDO AYALA, Case Number: CV10-00979 JSW Plaintiff, CERTIFICATE OF SERVICE 6 7 v. 8 ROBERT AYERS JR et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 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 December 8, 2011, 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 14 listed, by 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. 15 16 17 Reynaldo Ayala E10000 18 San Quentin State Prison San Quentin, CA 94974 19 Dated: December 8, 2011 20 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 21 22 23 24 25 26 27 28 G:\JSWALL\Pro-Se Prisoner\2010\Ayala0979.lift stay.wpd

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