Saenz v. Salazar

Filing 11

ORDER DISMISSING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE (ECF No. 8) by Judge Charles R. Breyer: Dismissing 8 Motion for Summary Judgment. (lsS, COURT STAFF) (Filed on 3/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT GONZALEZ SAENZ, K61926,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-05316-CRB (PR)

v.
A. SALAZAR, Correctional Officer,
Defendant(s).

ORDER DISMISSING MOTION
FOR SUMMARY JUDGMENT
WITHOUT PREJUDICE
(ECF No. 8)

Plaintiff’s motion for summary judgment (ECF No. 8) is DISMISSED without prejudice to

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re-noticing the motion after defendant or defendant’s counsel files an appearance in this case.

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Plaintiff’s service of the notice of motion and motion on the Office of the Attorney General of

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California is ineffective (or at least premature) because there is no indication at this time that the

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Office of the Attorney General of California is representing defendant in this case.

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IT IS SO ORDERED.
Dated: March 1, 2018
______________________________________
CHARLES R. BREYER
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT GONZALEZ SAENZ,

Case No. 3:17-cv-05316-CRB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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A. SALAZAR,
Defendant.

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United States District Court
Northern District of California

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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.

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That on March 1, 2018, 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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Robert Gonzalez Saenz ID: K61926
CTF-C-OW-112 L
Highway 101, North
P.O. Box 689
Soledad, CA 93960

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Dated: March 1, 2018
Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable CHARLES R. BREYER

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