Schoppe-Rico v. Horel et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 68 Motion for Extension of Time to File Response/Reply re 40 MOTION to Dismiss ; granting 69 Motion for Return of Exhibits and Attachments. Responses due by 9/3/2012. Replies due by 9/10/2012. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 8/10/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN M. SCHOPPE-RICO,
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Plaintiff,
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No. C 11-02809 YGR (PR)
vs.
ROBERT A. HOREL, et al.,
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Defendants.
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/
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF'S
REQUEST FOR EXTENSION OF TIME
TO FILE SUPPLEMENTAL
OPPOSITION TO DEFENDANTS'
MOTION TO DISMISS; AND
GRANTING PLAINTIFF'S REQUEST
FOR SPECIFIC DOCUMENTS FROM
THE CASE FILE
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Plaintiff filed this pro se civil rights action under 42 U.S.C. ยง 1983 alleging constitutional
United States District Court
For the Northern District of California
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violations stemming from incidents occurring during his incarceration at Pelican Bay State Prison.
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Plaintiff's motion for leave to proceed in forma pauperis has been granted.
In an Order dated August 31, 2011, the Honorable William H. Alsup, to whom this civil
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action was previously assigned, found that Plaintiff's complaint contained cognizable claims and
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ordered service on Defendants. Thereafter, Defendants filed a motion to dismiss for failure to
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exhaust administrative remedies. Plaintiff has filed his opposition to this motion, and Defendants
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have filed their reply to the opposition. Plaintiff has also filed a response to Defendants' reply.
In an Order dated July 24, 2012, the Court directed Plaintiff to file a supplemental opposition
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in light of Woods v. Carey, 684 F.3d 934, 935, 940-41 (9th Cir. 2012), no later than August 20,
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2012.
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Before the Court is Plaintiff's request for an extension of time in which to file his
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supplemental opposition to Defendants' motion to dismiss up to and including September 30, 2012.
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(Docket No. 68.) Also before the Court is Plaintiff's motion entitled, "Petition and Order for Return
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of Exhibits and Attachments with Pleadings" (Docket No. 69), in which he requests copies of the
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papers relating to the motion to dismiss (Docket Nos. 40, 62, 62-1, 64, 65) as well as "all exhibits
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and attachments to [his] pleadings" (Docket Nos. 62-2, 62-3, 62-4, 62-5). Having read and
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considered Plaintiff's requests, and good cause appearing,
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Plaintiff's request for an extension of time in which to file his supplemental opposition
(Docket No. 68) is GRANTED IN PART and DENIED IN PART. The Court finds that Plaintiff has
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previously been granted a very generous extension of time to file his original opposition to the
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motions to dismiss. His opposition was due on March 30, 2012. However, Plaintiff did not file his
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opposition until May 14, 2012. In addition, Plaintiff was granted an additional 27 days, or up to and
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until August 20, 2012, to file his supplemental opposition. Therefore, the Court finds that only a
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brief extension of time is warranted. Plaintiff's supplemental opposition shall be filed no later than
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September 3, 2012. Defendants' supplemental reply shall be filed no later than September 10,
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2012.
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Plaintiff's "Petition and Order for Return of Exhibits and Attachments with Pleadings"
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(Docket No. 69), which has been construed as requests for copies of the papers relating to the
United States District Court
For the Northern District of California
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motion to dismiss as well as all of the attached exhibits to his opposition is also GRANTED. The
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Clerk of the Court shall make copies of these documents (Docket Nos. 40, 62, 62-1, 62-2, 62-3, 62-
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4, 62-5, 64, 65) and send them to Plaintiff along with his copy of this Order.
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No further extensions of time will be granted in this case absent extraordinary
circumstances.
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This Order terminates Docket Nos. 68 and 69.
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IT IS SO ORDERED.
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DATED:
August 10, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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G:\PRO-SE\YGR\CR.11\Schoppe-Rico2809.grantIP&denyIPEOToppn&copies.wpd
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