Patterson v. Zewert et al

Filing 64

ORDER REOPENING ACTION; ORDER DIRECTING DEFENDANTS TO REFILE DISPOSITIVE MOTION. Dispositive Motion due by 2/3/2020. Signed by Judge Richard Seeborg on 10/31/19. (Attachments: # 1 Certificate/Proof of Service)(clS, COURT STAFF) (Filed on 10/31/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRYAN DAMON PATTERSON,
Plaintiff,

Case No. 17-cv-06914-RS (PR)

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v.

ORDER REOPENING ACTION;

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THOMAS ZEWERT, et al.,
Defendants.

ORDER DIRECTING DEFENDANTS
TO REFILE DISPOSITIVE MOTION

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United States District Court
Northern District of California

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This federal civil rights action was dismissed on grounds that plaintiff could not

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proceed as a pauper because he had at least three “strikes” within the meaning of 28 U.S.C.

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§ 1915(g). (Dkt. No. 59.) The Ninth Circuit disagreed with the Court’s decision and

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remanded the action. (Dkt. No. 63.) Accordingly, this action is REOPENED. The Clerk

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shall modify the docket to reflect this. Plaintiff shall continue to proceed as a pauper in

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this action.

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The Court directs defendants to refile their motion for summary judgment, with

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whatever revisions are appropriate, on or before February 3, 2020. (Dkt. No. 50.)

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Plaintiff’s opposition to the dispositive motion shall be filed within 45 days after the motion

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is filed. Defendants’ reply shall be filed within 15 days after the opposition has been filed.

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IT IS SO ORDERED.

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Dated: October ___, 2019
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_________________________
RICHARD SEEBORG
United States District Judge