Gay v. Cate

Filing 48

ORDER PROVIDING PLAINTIFF NOTICE AND WARNING: SCHEDULING BRIEFING. Signed by Judge William Alsup on 7/10/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 7/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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OMAR SHARRIEFF GAY,
Plaintiff,

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No. C 10-1314 WHA (PR)
ORDER PROVIDING PLAINTIFF
NOTICE AND WARNING;
SCHEDULING BRIEFING

v.
MATTHEW CATE, Director; A.
HEDGEPETH, Warden; J. WALKER;
Chief Health Program Manager; K. WALL,
Health Care Manager; M. SEPULVEDA,
Chief Medical Officer; DR. D. JARDINI;
Defendants.

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/

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Plaintiff, a California prisoner pro se, filed this civil rights action under 42 U.S.C. 1983.

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Defendants have filed a motion to dismiss in which they argue that plaintiff’s claims are not

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exhausted as required by 42 U.S.C. 1997e. Pursuant to Woods v. Carey, No. 09-15548, slip op.

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7871, 7884-85 (9th Cir. July 6, 2012), plaintiff is given the following notice and warning for a

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

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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 papers,

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such as answers to interrogatories or depositions.

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If defendants file a motion to dismiss and it is granted, your case 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 on or before August 1,
2012. Defendants shall file a supplemental reply brief within 7 days of the date any
supplemental opposition is filed. If plaintiff does not supplement his opposition, defendants’

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For the Northern District of California

United States District Court

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motion will be decided on the papers that have already been filed.

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IT IS SO ORDERED.

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Dated: July
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10 , 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\CR.10\GAY1314.WOODSFTE.wpd

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