Peoples v. Mata et al

Filing 138

ORDER OF SERVICE On E. Makela, I. Asuncion and P. Delvillar at SVSP and Update of the Docket. Habeas Answer or Dispositive Motion due by 3/14/2016. Signed by Judge Charles R. Breyer on 1/11/2016. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 1/12/2016)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY PEOPLES, JR., H-63933, 12 Plaintiff(s), 13 14 v. E. MATA, et al., 15 Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 12-2163 CRB (PR) ORDER DIRECTING SERVICE ON E. MAKELA, I. ASUNCION AND P. DELVILLAR AT SVSP, AND UPDATE OF THE DOCKET 16 17 Per order filed on December 30, 2015, the court found that plaintiff’s First 18 Amended Complaint (FAC) appears to state cognizable § 1983 claims for 19 damages against the named defendants but that three of them – correctional 20 officers E. Mata, I. Asuncion and P. Devillar – remain unserved, and directed the 21 California Department of Corrections and Rehabilitation (CDCR) to provide the 22 last known addresses for these three defendants. 23 CDCR promptly responded that these three correctional officers can be 24 served at Salinas Valley State Prison (SVSP) under the names E. Makela (rather 25 than E. Mata aka Makeia), I. Asuncion and P. Delvillar (rather than P. Devillar). 26 Although I. Asuncion was properly identified as such in the original complaint 27 and docket, it appears that the summons incorrectly identified this defendant as L. 28 Asuncion. 1 Good cause appearing therefor, the clerk is directed to update the docket 2 to show that E. Mata aka Makeia is actually E. Makela, and that P. Devillar is 3 actually P. Delvillar. The clerk also shall issue summons and the United States 4 Marshal shall serve, on an expedited basis and without prepayment of fees, 5 copies of the FAC in this matter, all attachments thereto, and copies of this order 6 on correctional officers E. Makela, I. Asuncion and P. Delvillar at SVSP. 7 In order to expedite the resolution of this case, defendants shall serve and 8 file a joint motion for summary judgment or other joint dispositive motion by no 9 later than March 4, 2016. If defendants are of the opinion that this case cannot be 10 resolved by summary judgment or other dispositive motion, they shall so inform 11 the court prior to the date their motion is due. Plaintiff must serve and file an 12 opposition or statement of non-opposition to the dispositive motion not more than 13 28 days after the motion is served and filed, and defendants must serve and file a 14 reply to any opposition not more than 14 days after the opposition is filed. 15 SO ORDERED. 16 DATED: Jan. 11, 2016 17 CHARLES R. BREYER United States District Judge 18 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\CR.12\Peoples, T.12-2163.serve2.wpd 27 28 2

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