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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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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).

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Plaintiff, a prisoner incarcerated at Centinela State

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Prison in Imperial, California, has filed a pro se Complaint under

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42 U.S.C. § 1983 alleging that San Mateo County Sheriff’s Deputy

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Louis Fuentes (“Fuentes”) was deliberately indifferent to his safety

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while he was detained at that facility.

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summary judgment motion on June 20, 2011.

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filed a certificate of service by mail, indicating that he served

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his summary judgment on motion on Plaintiff by mail to Plaintiff’s

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address of record, Centinela State Prison, P.O. Box 921, C4-134-Up

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Imperial, CA 92251.

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opposition is now more than two months overdue.

Defendant Fuentes filed a
Defendant Fuentes also

Plaintiff has not filed an opposition; his

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The Court hereby orders Plaintiff to file an opposition

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with the Court and serve said opposition upon Defendant by November

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7, 2011.

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I.

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Plaintiff is reminded that it is his responsibility to

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prosecute this case.

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informed of any change of address and must comply with the Court’s

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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

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dismissal of this action pursuant to Federal Rule of Civil Procedure

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41(b).

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II.
Plaintiff is advised that a motion for summary judgment

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under Rule 56 of the Federal Rules of Civil Procedure will, if

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granted, end your case.

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to oppose a motion for summary judgment.

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judgment must be granted when there is no genuine issue of material

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fact - that is, if there is no real dispute about any fact that

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would affect the result of your case, the party who asked for

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summary judgment is entitled to judgment as a matter of law, which

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will end your case.

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summary judgment that is properly supported by declarations (or

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other sworn testimony), you cannot simply rely on what your

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Complaint says.

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declarations, depositions, answers to interrogatories, or

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authenticated documents, as provided in Rule 56(e), that contradict

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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

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the facts shown in Defendant’s declarations and documents and show

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that there is a genuine issue of material fact for trial.

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not submit your own evidence in opposition, summary judgment, if

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appropriate, may be entered against you.

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granted, your case will be dismissed and there will be no trial.

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Rand v. Rowland, 154 F.3d 952, 962–63 (9th Cir. 1998) (en banc)

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(App. A).

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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

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1997e(a) will, if granted, end your case, albeit without prejudice.

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You must “develop a record” and present it in your opposition in

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order to dispute any “factual record” presented by the Defendant in

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his

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(9th Cir. 2003).

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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.

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The motion shall be deemed submitted as of the date the

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reply brief is due.

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the court so orders at a later date.

No hearing will be held on the motion unless

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IT IS SO ORDERED.

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DATED

10/04/2011
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.10\Motuapuaka-10-4733-order-opp.wpd

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