Lua v. Adams

Filing 34

ORDER - defendant's motion for summary judgment is reinstated as filed and pending as of 3/28/2013. Signed by Judge Charles R. Breyer on 4/16/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HUGO LUA, P-48040,
Plaintiff(s),

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v.
NANCY ADAM, M.D.,
Defendant(s).

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No. C 12-1793 CRB (PR)
ORDER

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On March 28, 2013, defendant filed a motion for summary judgment and

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served a copy on plaintiff, a pro se prisoner incarcerated at Pelican Bay State

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Prison (PBSP).

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On April 15, 2013, the court denied the motion without prejudice on the

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ground that it was not accompanied by a Rand notice of what is required of

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plaintiff in order to oppose the motion. But it turns out that per separate filing on

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March 28, 2013, defendant provided plaintiff with adequate notice of what is

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required of him in order to oppose the motion.

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Defendant’s motion for summary judgment is reinstated as filed and

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pending as of March 28, 2013. Plaintiff shall file an opposition, or notice of non-

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opposition, to the motion by no later than May 24, 2013, and defendant shall file

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a reply to any opposition within 14 days thereafter.

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SO ORDERED.

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DATED:

April 16, 2013
CHARLES R. BREYER
United States District Judge

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