Gomez v. Hedgepeth et al

Filing 70

ORDER for Defendants to Re-serve Dispositive Motion; Setting New Briefing Schedule. Signed by Judge Thelton E. Henderson on 04/18/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 4/19/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID MAURICE GOMEZ,

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Plaintiff,
ORDER FOR DEFENDANTS TO RESERVE DISPOSITIVE MOTION;
SETTING NEW BRIEFING SCHEDULE

v.
A. HEDGEPETH, et al.,
Defendants.

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No. C-11-3784 TEH (PR)

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Plaintiff David Maurice Gomez, a state prisoner
incarcerated at Salinas Valley State Prison (SVSP), has filed this
civil rights action under 42 U.S.C. § 1983 regarding incidents that
took place at SVSP. On November 9, 2012, Defendants filed a
dispositive motion for dismissal and summary judgment.

Plaintiff’s

opposition was due thirty days later, on December 9, 2012.
Plaintiff did not file an opposition and, on April 4, 2013, the
Court granted Plaintiff leave to file a late opposition.

On April

15, 2013, Plaintiff filed a document entitled, “Request for
Defendants’ Motion for Dismissal and Summary Judgment,” indicating
that he has never received Defendants’ dispositive motion.
A review of the docket shows that, on October 29, 2012,
Plaintiff filed a notice of change of address.
current address as:
David M. Gomez #D97027
Salinas Valley State Prison
P. O. Box 1050 (D1-106)
Soledad, CA 93960-2050

He listed his

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The certificate of service attached to Defendants’

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dispositive motion indicates that they sent it to Plaintiff’s

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former address at Pelican Bay State Prison.

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Plaintiff did not receive the dispositive motion.

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This explains why

Therefore, within seven days from the date of this Order,

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Defendants’ must re-serve their dispositive motion and all

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supporting documents to Plaintiff at his current address.

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Defendants must file with the Court the proof of service indicating

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that they have re-served Plaintiff.

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Plaintiff’s opposition to Defendants’ dispositive motion

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is due thirty days after Defendants serve Plaintiff with their

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motion.

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the date on which Plaintiff serves them with his opposition.

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Defendants may file a reply brief within fifteen days of

Also, in an abundance of caution, to ensure that

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Plaintiff has received documents filed in his case since he has

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moved to SVSP, the Clerk shall send him a copy of the docket of his

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case.

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of the documents listed on the docket.

Plaintiff shall notify the Court if he has not received any

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CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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1. Within seven days from the date of this Order,

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Defendants shall re-serve their dispositive motion, together with

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all supporting documents and notices, to Plaintiff at his current

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address.

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Defendants shall file the proof of service.
2. Plaintiff’s opposition is due thirty days from the

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date Defendants service him with the motion.

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reply fifteen after they are served with Plaintiff’s opposition.

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Defendants may file a

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3. The Clerk of the Court shall send Plaintiff a copy of
the docket sheet of his case.

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IT IS SO ORDERED.

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DATED
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04/18/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.11\Gomez11-3874-D Re-send Mo New Bfg Sched.wpd

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