Motuapuaka v. San Mateo County Jail et al

Filing 15

ORDER Directing Plaintiff to File Opposition to Defendant's Summary Judgment Motion. Signed by Judge Thelton E. Henderson on 10/4/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 10/5/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C-10-4733 TEH (PR) SIONE MOTUAPUAKA, Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE OPPOSITION TO DEFENDANT’S SUMMARY JUDGMENT MOTION v. SAN MATEO COUNTY JAIL, et. al., Defendant(s). 16 / 17 18 Plaintiff, a prisoner incarcerated at Centinela State 19 Prison in Imperial, California, has filed a pro se Complaint under 20 42 U.S.C. § 1983 alleging that San Mateo County Sheriff’s Deputy 21 Louis Fuentes (“Fuentes”) was deliberately indifferent to his safety 22 while he was detained at that facility. 23 summary judgment motion on June 20, 2011. 24 filed a certificate of service by mail, indicating that he served 25 his summary judgment on motion on Plaintiff by mail to Plaintiff’s 26 address of record, Centinela State Prison, P.O. Box 921, C4-134-Up 27 Imperial, CA 92251. 28 opposition is now more than two months overdue. Defendant Fuentes filed a Defendant Fuentes also Plaintiff has not filed an opposition; his 1 The Court hereby orders Plaintiff to file an opposition 2 with the Court and serve said opposition upon Defendant by November 3 7, 2011. 4 5 I. 6 Plaintiff is reminded that it is his responsibility to 7 prosecute this case. 8 informed of any change of address and must comply with the Court’s 9 orders in a timely fashion. Plaintiff must keep the Court and all parties Failure to do so may result in the United States District Court For the Northern District of California 10 dismissal of this action pursuant to Federal Rule of Civil Procedure 11 41(b). 12 13 14 II. Plaintiff is advised that a motion for summary judgment 15 under Rule 56 of the Federal Rules of Civil Procedure will, if 16 granted, end your case. 17 to oppose a motion for summary judgment. 18 judgment must be granted when there is no genuine issue of material 19 fact - that is, if there is no real dispute about any fact that 20 would affect the result of your case, the party who asked for 21 summary judgment is entitled to judgment as a matter of law, which 22 will end your case. 23 summary judgment that is properly supported by declarations (or 24 other sworn testimony), you cannot simply rely on what your 25 Complaint says. 26 declarations, depositions, answers to interrogatories, or 27 authenticated documents, as provided in Rule 56(e), that contradict 28 Rule 56 tells you what you must do in order Generally, summary When a party you are suing makes a motion for Instead, you must set out specific facts in 2 1 the facts shown in Defendant’s declarations and documents and show 2 that there is a genuine issue of material fact for trial. 3 not submit your own evidence in opposition, summary judgment, if 4 appropriate, may be entered against you. 5 granted, your case will be dismissed and there will be no trial. 6 Rand v. Rowland, 154 F.3d 952, 962–63 (9th Cir. 1998) (en banc) 7 (App. A). 8 9 If you do If summary judgment is Plaintiff also is advised that a motion to dismiss for failure to exhaust administrative remedies under 42 U.S.C. § United States District Court For the Northern District of California 10 1997e(a) will, if granted, end your case, albeit without prejudice. 11 You must “develop a record” and present it in your opposition in 12 order to dispute any “factual record” presented by the Defendant in 13 his 14 (9th Cir. 2003). 15 16 motion to dismiss. Wyatt v. Terhune, 315 F.3d 1108, 1120 n.14 Defendant shall file a reply brief within fifteen (15) days of the date on which Plaintiff serves him with the opposition. 17 The motion shall be deemed submitted as of the date the 18 reply brief is due. 19 the court so orders at a later date. No hearing will be held on the motion unless 20 21 IT IS SO ORDERED. 22 23 24 25 DATED 10/04/2011 THELTON E. HENDERSON United States District Judge 26 27 28 G:\PRO-SE\TEH\CR.10\Motuapuaka-10-4733-order-opp.wpd 3

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