Gaddy v. Townsend et al

Filing 42

ORDER REOPENING CASE AND VACATING JUDGMENT; SETTING BRIEFING SCHEDULE. Replies due by 7/6/2018 and Responses due by 6/11/2018. Signed by Judge Haywood S. Gilliam, Jr. on 4/13/2018. (ndrS, COURT STAFF) (Filed on 4/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL JOHN GADDY,
Plaintiff,

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v.

ORDER REOPENING CASE AND
VACATING JUDGMENT; SETTING
BRIEFING SCHEDULE

M. TOWNSEND, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-01319-HSG

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Plaintiff, a prisoner incarcerated at Kern Valley State Prison and proceeding pro se, filed

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this civil rights action under 42 U.S.C. § 1983. On August 16, 2017, the Court granted

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Defendants’ motion for summary judgment, and entered judgment in favor of Defendants. Dkt.

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Nos. 34 and 35. Plaintiff appealed. Dkt. No. 36. On March 27, 2018, the Ninth Circuit found that

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it is unclear from the record why defendants refused to correct the error contained in the first level

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response. Dkt. No. 41. The Ninth Circuit reversed and remanded for further proceedings. Id.

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Accordingly, the Court REOPENS the instant action and VACATES the August 16, 2017

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judgment. The Court DIRECTS the parties to file simultaneous briefs addressing whether

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Defendants’ refusal to correct the error contained in the first level response of Plaintiff’s inmate

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appeal PBSP-S-14-03014 constituted retaliation, in violation of the First Amendment. Each brief

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shall not exceed fifteen (15) pages, and shall be filed by June 11, 2018. The parties may

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supplement the record with any evidence needed to support their briefs. The parties may file

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responsive briefs, which shall not exceed seven (7) pages, by July 6, 2018.

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IT IS SO ORDERED.
Dated: 4/13/18
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HAYWOOD S. GILLIAM, JR.
United States District Judge