Sawyer v. Chappell et al

Filing 75

ORDER REOPENING CASE. Signed by Judge James Donato on 6/4/19. (lrcS, COURT STAFF) (Filed on 6/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN DEROI SAWYER,
Plaintiff,

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Case No. 15-cv-00220-JD

ORDER

v.

Re: Dkt. No. 67
CHRIS MACDONALD, et al.,
Defendants.

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Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

United States District Court
Northern District of California

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1983. Plaintiff raised claims regarding the seizure of notes and various publications and

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retaliation for filing a grievance. Defendant filed a motion for summary judgment that was

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granted, and the case was closed. The Ninth Circuit reversed and remanded, finding that plaintiff

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should be allowed to seek further discovery, the seized materials must be reviewed for the motion

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for summary judgment and plaintiff presented enough evidence of retaliation to survive summary

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judgment. See Sawyer v. MacDonald, No. 17-16846 (9th Cir. April 19, 2019).

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The judgement in this case (Docket No. 67) is VACATED. Within 28 days of service of

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this order, plaintiff should file a statement describing the discovery he seeks. Within 14 days after

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the statement is filed, defendants may object to the proposed discovery. The Court will then issue

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an order specifying the scope of discovery and the time for producing it to plaintiff. A further

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scheduling order will be issued after discovery is completed.

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IT IS SO ORDERED.
Dated: June 4, 2019

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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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KEVIN DEROI SAWYER,

Case No. 15-cv-00220-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CHRIS MACDONALD, 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 June 4, 2019, 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 DeRoi Sawyer
P22673
San Quentin State Prison
San Quentin, CA 94974

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Dated: June 4, 2019

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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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