Rhinehart v. Cate et al

Filing 49

ORDER PROVIDING PLAINTIFF NOTICE AND WARNING; SCHEDULING SUPPLEMENTAL BRIEFING. Signed by Judge Jeffrey S. White on 7/11/12. (jjoS, COURT STAFF) (Filed on 7/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL JOSEPH RHINEHART,

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Plaintiff,
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v.
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MATTHEW CATE, Director of the
California Department of Corrections and )
Rehabilitation; A. HEDGPETH, Warden; )
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K. HARRINGTON, Warden,
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Defendants.
_________________________________

No. C 11-0812 JSW (PR)
ORDER PROVIDING PLAINTIFF
NOTICE AND WARNING;
SCHEDULING SUPPLEMENTAL
BRIEFING

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Plaintiff, a California prisoner pro se, filed this civil rights action under 42
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U.S.C. 1983. Defendants have filed motion to dismiss in which they argue that
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Plaintiff’s claims are not exhausted as required by 42 U.S.C. 1997e. Pursuant to Woods
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v. Carey, No. 09-15548, slip op. 7871, 7884-85 (9th Cir. July 6, 2012), Plaintiff is given
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the following notice and warning for a second time:
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If defendants file an unenumerated motion to dismiss for
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failure to exhaust, they are seeking to have your case dismissed. If the
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motion is granted it will end your case.
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You have the right to present any evidence you may have which tends
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to show that you did exhaust your administrative remedies. Such evidence
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may be in the form of declarations (statements signed under penalty of
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perjury) or authenticated documents, that is, documents accompanied by a

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declaration showing where they came from and why they are authentic, or

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other sworn papers, 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 in light of the

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foregoing on or before August 1, 2012. Defendants shall file a supplemental reply brief

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within 7 days of the date any supplemental opposition is filed. If Plaintiff does not

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supplement his opposition, Defendants’ motion will be decided on the papers that have

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already been filed.

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IT IS SO ORDERED.
DATED: July 11, 2012
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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MICHAEL JOSEPH RHINEHART,

Case Number: CV11-00812 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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MATTHEW CATE 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 July 11, 2012, 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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Michael L. Rhinehart #:C39412
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960

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Dated: July 11, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk