Shove v. McDonald et al

Filing 84

ORDER by Judge James Donato denying 66 Motion to Dismiss; denying 74 Motion for Leave to File; vacating 77 Motion ; vacating 78 Motion ; vacating 79 Motion ; vacating 80 Motion to Produce; dismissing 81 Motion for Protective Order; vacating 82 Motion ; vacating 83 Motion. (lrcS, COURT STAFF) (Filed on 11/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEODORE SHOVE,
Plaintiff,

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ORDER ON MOTIONS

v.

Re: Dkt. Nos. 66, 74, 77, 78, 79, 80, 81, 82,
MCDONALD, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 14-cv-02903-JD

83

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This is a civil rights case brought pro se by a state prisoner. The Court granted defendants’

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motion to revoke plaintiff’s in forma pauperis (“IFP”) status. The case was dismissed and closed

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after plaintiff failed to pay the filing fee. The Ninth Circuit reversed and remanded in light of two

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recently decided cases that clarified what dismissals may constitute strikes. Docket No. 50. On

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August 8, 2017, the case was reopened and defendants filed a second motion to revoke plaintiff’s

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IFP status identifying different cases. In light of the Ninth Circuit cases cited in the remand order,

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and the facts in this case, specifically with respect to plaintiff’s financial situation and claims, the

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Court denies defendants’ second motion to revoke IFP, the case will continue and plaintiff will

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continue proceeding IFP. This is for the limited purpose of this case and has no bearing on

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plaintiff’s IFP status in any other or future case. Defendants’ motion for a protective order to stay

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discovery is denied and discovery will continue. If plaintiff seeks to compel discovery he must

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first seek it from defendants. If plaintiff files a motion to compel in this Court he must identify

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what discovery he seeks, why defendants’ response was improper and why he is entitled to the

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discovery. Plaintiff is advised to submit specific discovery requests to defendants that are relevant

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to this action.

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CONCLUSION

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Defendants’ motions (Docket Nos. 66, 74, 81) are DENIED.

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Plaintiff’s motions (Docket Nos. 77, 78, 79, 80, 82, 83) are VACATED.

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Defendants shall file a motion for summary judgment within ninety days from

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service or this order or indicate that no motion will be filed. All other aspects of the Order of

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Service (Docket No. 13) remain in effect and the parties shall refer to that Order.

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The Clerk shall send plaintiff a copy of the Order of Service (Docket No. 13).

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It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the

Court informed of any change of address by filing a separate paper with the clerk headed “Notice

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of Change of Address,” and must comply with the Court’s orders in a timely fashion. Failure to

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United States District Court
Northern District of California

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do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of

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Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: November 7, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEODORE SHOVE,

Case No. 14-cv-02903-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MCDONALD, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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That on November 7, 2017, 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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Theodore Shove ID: G11092
San Quentin State Prison
San Quentin, CA 94974

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Dated: November 7, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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