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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 HUGO LUA, P-48040, Plaintiff(s), 8 9 10 v. NANCY ADAM, M.D., Defendant(s). 11 ) ) ) ) ) ) ) ) ) ) No. C 12-1793 CRB (PR) ORDER 12 13 On March 28, 2013, defendant filed a motion for summary judgment and 14 served a copy on plaintiff, a pro se prisoner incarcerated at Pelican Bay State 15 Prison (PBSP). 16 On April 15, 2013, the court denied the motion without prejudice on the 17 ground that it was not accompanied by a Rand notice of what is required of 18 plaintiff in order to oppose the motion. But it turns out that per separate filing on 19 March 28, 2013, defendant provided plaintiff with adequate notice of what is 20 required of him in order to oppose the motion. 21 Defendant’s motion for summary judgment is reinstated as filed and 22 pending as of March 28, 2013. Plaintiff shall file an opposition, or notice of non- 23 opposition, to the motion by no later than May 24, 2013, and defendant shall file 24 a reply to any opposition within 14 days thereafter. 25 SO ORDERED. 26 DATED: April 16, 2013 CHARLES R. BREYER United States District Judge 27 28 G:\PRO-SE\CRB\CR.12\Lua, H.12-1793.or6.wpd

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