Blandino v. United States

Filing 11

ORDER DENYING DEFENDANTS REQUEST FOR STATUS CONFERENCE; DIRECTING DEFENDANT TO COMPLY WITH ORDER OF SERVICE; DENYING APPOINTMENT OF COUNSEL.. Signed by Judge Jeffrey S. White on 4/4/12. (jjoS, COURT STAFF) (Filed on 4/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERTO J. BLANDINO,

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Plaintiff,
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v.
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UNITED STATES; DOES 1-10,
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Defendant.
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__________________________________ )

No. C 11-4807 JSW (PR)
ORDER DENYING
DEFENDANT’S REQUEST FOR
STATUS CONFERENCE;
DIRECTING DEFENDANT TO
COMPLY WITH ORDER OF
SERVICE; DENYING
APPOINTMENT OF COUNSEL
(Docket No. 3)

Plaintiff, a detainee of the United States Customs Enforcement (“ICE”), filed this

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complaint under the Federal Tort Claims Act. On October 26, 2011, the Court found that

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the complaint stated a cognizable claim for relief and ordered the United States Marshal

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to serve the complaint upon Defendant. Defendant was served on November 1, 2011,

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and filed an answer on December 22, 2011. The Order of Service also required

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Defendant, within ninety days, either to file a dispositive motion or notify the Court that

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it is of the opinion that this case cannot be resolved by such a motion. Defendant has

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done neither despite the fact that the deadline for doing so passed approximately sixty

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days ago. Instead, Defendant has filed a “request to be placed on the Court’s regular

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case management calendar and to set this matter for an initial case management

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conference.” That is not one of the options Defendant was ordered to elect, however, nor

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is such a course preferable in a case such as this in which the Plaintiff is incarcerated and

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proceeding pro se.

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Defendant shall comply with the Order of Service within 14 days of the date this

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order is filed. If additional time is needed, Defendant shall, in accordance with the

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instructions in the Order of Service, file a motion for an extension of time no later than

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five days prior to the deadline sought to be extended. Such a motion must be supported

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by a showing of good cause for the requested time extension.

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Plaintiff’s motion for appointment of counsel (docket number 3) is DENIED for

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want of exceptional circumstances. The Court may reconsider this motion sua sponte

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should the circumstances of the case materially change.

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IT IS SO ORDERED.
DATED: April 4, 2012

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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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ROBERTO X BLANDINO,

Case Number: CV11-04807 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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UNITED STATES 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 April 4, 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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Roberto X. Blandino
077 223 173
41777 Grimmer Blvd F1
Fremont, CA 94538

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Dated: April 4, 2012

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