Hopkins v. Contra Costa County et al

Filing 21

ORDER DENYING PENDING MOTIONS. 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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KEVIN LAMAR HOPKINS,
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Plaintiff,
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v.
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CONTRA COSTA COUNTY SHERIFF
DAVID O. LIVINGSTON, et al.,

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Defendants.
__________________________________

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No. C 12-0813 JSW (PR)
ORDER DENYING PENDING
MOTIONS

(Docket Nos. 9, 10, 13)

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Plaintiff, an inmate in the Contra Costa County Jail, has filed this pro se civil

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rights complaint under 42 U.S.C. § 1983. Plaintiff filed a motion for summary judgment,

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a motion for service of a court order, and a motion pertaining to exhaustion of

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administrative remedies before Defendants were served with the summons and

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complaint. Plaintiff was instructed in the Order of Service that all of his communications

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with the Court “must be served on Defendant, or Defendant’s counsel once counsel has

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been designated, by mailing a true copy of the document to Defendant or Defendant’s

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counsel.” Plaintiff’s motions were accompanied by a proof of service indicating that

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they had been served upon county counsel, but county counsel had not, and still has not,

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been designated as counsel for Defendants. Defendants were only recently served and

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the deadline for their appearance in this matter and their designation of counsel has not

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yet arrived.

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As Plaintiff’s motions (docket numbers 9, 10, 13) have not been properly served

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upon Defendants, they are DENIED without prejudice to Plaintiff re-filing them with a

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proof of service indicating that they have been served upon Defendants or Defendants’

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counsel once counsel has appeared or been designated.

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IT IS SO ORDERED.
DATED: July 11, 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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KEVIN LAMAR HOPKINS,

Case Number: CV12-00813 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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CONTRA COSTA COUNTY 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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Kevin L. Hopkins CC11CZ851
5555 Giant Hwy.
Richmond, CA 94806

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Dated: July 11, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk