Manzanillo v. Jaquez et al

Filing 45

ORDER ON PENDING MOTIONS; INSTRUCTIONS TO THE CLERK. Signed by Judge Jeffrey S. White on 4/29/11. (jjoS, COURT STAFF) (Filed on 4/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND MANZANILLO,

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Plaintiff,
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v.
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FRANCISCO JACQUEZ, R. GRAVES, )
R. TUPY, J. ZUCCO, MARK POTTER, )
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ROLF KLOTZ,
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Defendants.
_________________________________ )

No. C 10-3783 JSW (PR)
ORDER DENYING MOTION FOR
RECONSIDERATION;
GRANTING MOTION TO FILE
PROOF OF SERVICE

(Docket Nos. 18, 19)

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Plaintiff, a California prisoner proceeding pro se, filed this rights action pursuant

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to 42 U.S.C. § 1983 against officials of Pelican Bay State Prison, where Plaintiff is

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incarcerated. The Court ordered complaint served upon Defendants Jacquez, Zucco,

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Potter and Klotz, and dismissed the claims against Defendants Graves and Tupy.

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Plaintiff has filed a “petition” for leave to file a motion for reconsideration of the

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dismissal of claims against Defendant Graves. He states that the Court was not aware of

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the attachments to the complaint in which the claim against Graves was articulated.

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Plaintiff does not identify which pages of the over fifty pages of attachments he believes

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the claim against Graves can be found. In any event, the Court was aware of the

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attachments and reviewed them, and, for the reasons described in the Order of Service,

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the Court found the allegations against Graves insufficient. As Plaintiff has articulated

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no basis for reconsideration, his “petition” for leave to file such a motion (docket number

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18) is DENIED.
Plaintiff’s motion for the Clerk to file his proof of service (docket number 19) is

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GRANTED. Plaintiff has also written a letter requesting notice of deposition forms and

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subpoenas because he “may need to use” them for discovery. There are no such forms,

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and subpoenas will not be issued unless there is a clear and specific explanation of their

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purpose and Plaintiff’s need for them.

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IT IS SO ORDERED.
DATED: April 29, 2011

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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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RAYMOND MANZANILLO,

Case Number: CV10-03783 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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FRANCISCO JAQUEZ 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. District
Court, Northern District of California.
That on April 29, 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 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.

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Raymond J. Manzanillo
PBSP
P.O. Box 7500
J91574
Crescent City, CA 95532

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Dated: April 29, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk