Hopkins v. Contra Costa County et al

Filing 59

ORDER DENYING MOTION FOR STAY; GRANTING EXTENSION OF TIME. Signed by Judge Jeffrey S. White on 11/8/12. (jjoS, COURT STAFF) (Filed on 11/8/2012)

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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 MOTION
FOR STAY; GRANTING
EXTENSION OF TIME

(Docket No. 56)

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Plaintiff filed this pro se civil rights complaint under 42 U.S.C. § 1983 while he
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was incarcerated in the Contra Costa County Jail. Plaintiff filed a motion for summary
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judgment and Defendants filed a motion to dismiss on exhaustion grounds. Plaintiff has
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filed a motion to indefinitely stay this case because he is now in a drug treatment facility
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and claims to be unable to oppose Defendants’ motion. The matters necessary to oppose
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Defendants’ exhaustion motion are within Plaintiff’s personal knowledge because he
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knows what administrative remedies he pursued regarding his claims. He has not
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presented grounds for staying this case, and certainly not for staying it indefinitely.
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Accordingly, his motion (docket number 56) is DENIED. He is, however, granted an
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extension of time, to and including December 7, 2012, in which to oppose Defendants’
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motion. Defendants shall file a reply brief within 14 days of the date the opposition is
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filed.
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IT IS SO ORDERED.
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DATED: November 8, 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 November 8, 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
3012 High Street
Oakland, CA 94619

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Dated: November 8, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk