Manzanillo v. Jaquez et al

Filing 84

ORDER GRANTING EXTENSIONS OF TIME AND MOTION TO SERVE NEW DEFENDANTS; DENYING MOTION FOR PRELIMINARY INJUNCTION OR TEMPORARY RESTRAINING ORDER. Signed by Judge JEFFREY S. WHITE on 10/17/11. (jjoS, COURT STAFF) (Filed on 10/17/2011)

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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 GRANTING
EXTENSIONS OF TIME AND
MOTION TO SERVE NEW
DEFENDANTS; DENYING
MOTION FOR PRELIMINARY
INJUNCTION OR TEMPORARY
RESTRAINING ORDER
(Docket Nos. 61, 74, 75, 82)

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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.

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Plaintiff’s motion to serve defendants Greg Lewis and Maureen McLean (docket

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number 74) is GRANTED. The Clerk of the Court shall issue summons and the United

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States Marshal shall serve, without prepayment of fees, a copy of the amended

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complaint (docket number 81) and all attachments thereto, and a copy of this order

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upon: Defendants Health Care Manager Maureen McLean and Warden Greg D.

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Lewis at Pelican Bay State Prison. Defendants McLean and Lewis should notify the

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Court within 30 days of the date of service whether they want to join in the other

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defendants’ motion for summary judgment or whether they intend to file a separate

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summary judgment motion. If they chose the latter course, the provisions of the Order of

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Service (docket number 14) of January 7, 2011, govern the filing of such motion.

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Plaintiff has filed a motion for a temporary restraining order (“TRO”) or a

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preliminary injunction. Prior to granting a preliminary injunction, notice to the adverse

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party is required. See Fed. R. Civ. P. 65(a)(1). A TRO may be granted without written

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or oral notice to the adverse party or that party's attorney only if: (1) it clearly appears

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from specific facts shown by affidavit or by the verified complaint that immediate and

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irreparable injury, loss or damage will result to the applicant before the adverse party or

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the party's attorney can be heard in opposition, and (2) the applicant's attorney certifies in

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writing the efforts, if any, which have been made to give notice and the reasons

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supporting the claim that notice should not be required. See Fed. R. Civ. P. 65(b).

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Plaintiff has neither notified the defendants of his request nor submitted the required

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certification of his efforts to do so and why they have failed. Accordingly, his motion

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(docket number 75) is DENIED.

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Good cause appearing, defendants’ motion for an extension of time (docket

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number 61) in which to respond to the order to show cause is GRANTED. Plaintiff’s

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motion for an extension of time (docket number 82) in which to file an opposition to

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defendants’ motion for summary judgment, to and including November 5, 2011, is also

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GRANTED. No further extensions of time will be granted as plaintiff will have had 90

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days in which to prepare his opposition. Defendants shall file a reply brief within 14

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days of the date any opposition is filed.

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IT IS SO ORDERED.
DATED: October 17, 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 October 17, 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: October 17, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk