McCullom V. Whent, et al.

Filing 51

ORDER ON MOTIONS by Judge Thelton E. Henderson granting 37 Defendant Whittaker's Motion for Extension of Time to File; denying 47 Plaintiff's Motion for law library access ; denying 48 Plaintiff's Motion re: Rand notice ; denying 49 Plaintiff's Motion for law library access ; granting in part 50 Plaintiff's Motion for Extension of Time to File; denying 32 Plaintiff's Motion re: interference with mail. The Clerk shall update Plaintiff's addre ss to: Kevin McCullom, Inmate #212769-4, Napa State Hospital, 2100 Napa Vallejo Hwy., Napa, CA 94558. The Clerk shall send Plaintiff copies of the motion for summary judgment (Docket Nos. 38, 39) (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 9/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN LEE McCULLOM,

Case No.

15-cv-5718-TEH

Plaintiff,
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ORDER ON MOTIONS
v.

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SEAN WHENT, et. al.,

Dkt Nos. 32, 37, 47, 48, 49,

Defendants.
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United States District Court
Northern District of California

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Plaintiff, a detainee, proceeds with a pro se civil rights

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action under 42 U.S.C. § 1983.

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summary judgment on August 18, 2016, and the case was reassigned

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to the undersigned on August 26, 2016.

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several motions.

Defendant filed a motion for

Plaintiff has filed

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Plaintiff has filed a motion for law library access as

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needed, however, Plaintiff has not indicated if any requests for

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law library access have been denied.

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without prejudice.

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library as permitted by the institution.

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show staff at Napa State Hospital the motion for summary judgment

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or this Order indicating that he must file an opposition to the

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motion for summary judgment.

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The motion is dismissed

Plaintiff should be allowed access to the law
Plaintiff may wish to

Plaintiff also requests a subpoena for records concerning

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his criminal case and a competency determination.

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rights case involves confiscation of his mail at Santa Rita

This civil

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County Jail.

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this action so the request is denied.

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the matter with his criminal defense attorney or else he may file

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a separate case.

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The records Plaintiff seeks are not relevant to
Plaintiff should discuss

The Court ordered service on two defendants, Whitaker and

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T.S. Jacobs.

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summary judgment.

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the Court indicating that T.S. Jacobs does not exist.

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must provide more information regarding this Defendant or else

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United States District Court
Northern District of California

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Whitaker was served and filed the motion for
Counsel for Whitaker has filed a letter with
Plaintiff

the Defendant will be dismissed for failure to serve.
For the foregoing reasons, the Court hereby orders as
follows:
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Plaintiff’s motion regarding interference with his mail

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(Docket No. 32) is DENIED because he is now housed at a different

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facility.

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2.

Defendant Whittaker’s motion for an extension (Docket

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No. 37) is GRANTED and the motion for summary judgment is deemed

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timely filed.

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3.

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Plaintiff’s motions for law library access (Docket No.

47) and a subpoena (Docket No. 49) are DENIED.
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Plaintiff’s motion (Docket No. 48) is DENIED and

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Defendant provided the Rand notice in the motion at page six.

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Furthermore, the Court will provide an additional notice below.

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5.

Plaintiff’s motion for an extension (Docket No. 50) is

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GRANTED in part and plaintiff shall file an opposition to the

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motion for summary judgment within sixty (60) days of service of

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this motion.

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dismissal of this action.

Failure to file an opposition may result in

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The Clerk shall update Plaintiff’s address to: Kevin

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McCullom, Inmate #212769-4, Napa State Hospital, 2100 Napa

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Vallejo Hwy., Napa, CA 94558.

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copies of the motion for summary judgment (Docket Nos. 38, 39)

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The Clerk shall send Plaintiff

IT IS SO ORDERED.
Dated: 9/20/2016

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________________________
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.15\McCullom5718.ord.docx

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United States District Court
Northern District of California

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United States District Court
Northern District of California

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NOTICE -- WARNING (SUMMARY JUDGMENT)
If defendants move for summary judgment, they are seeking to
have your case dismissed. A motion for summary judgment under
Rule 56 of the Federal Rules of Civil Procedure will, if granted,
end your case.
Rule 56 tells you what you must do in order to oppose a
motion for summary judgment. Generally, summary judgment must be
granted when there is no genuine issue of material fact--that is,
if there is no real dispute about any fact that would affect the
result of your case, the party who asked for summary judgment is
entitled to judgment as a matter of law, which will end your
case. When a party you are suing makes a motion for summary
judgment that is properly supported by declarations (or other
sworn testimony), you cannot simply rely on what your complaint
says. Instead, you must set out specific facts in declarations,
depositions, answers to interrogatories, or authenticated
documents, as provided in Rule 56(e), that contradict the facts
shown in the defendant’s declarations and documents and show that
there is a genuine issue of material fact for trial. If you do
not submit your own evidence in opposition, summary judgment, if
appropriate, may be entered against you. If summary judgment is
granted, your case will be dismissed and there will be no trial.
NOTICE -- WARNING (EXHAUSTION)
If defendants file a motion for summary judgment for failure
to exhaust, they are seeking to have your case dismissed. If the
motion is granted it will end your case.
You have the right to present any evidence you may have
which tends to show that you did exhaust your administrative
remedies. Such evidence may be in the form of declarations
(statements signed under penalty of perjury) or authenticated
documents, that is, documents accompanied by a declaration
showing where they came from and why they are authentic, or other
sworn papers, such as answers to interrogatories or depositions.
If defendants file a motion for summary judgment for failure to
exhaust and it is granted, your case will be dismissed and there
will be no trial.

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