Hernandez v. Schaad et al

Filing 13

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 12 Motion for Extension of Time to File a Dispositive Motion; Dismissing Certain Defendants, Directions to Clerk.(hsglc1S, COURT STAFF) (Filed on 3/30/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH HERNANDEZ,
Plaintiff,

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United States District Court
Northern District of California

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v.
A. SCHAAD, et al.,
Defendants.

Case No. 17-cv-04055-HSG
ORDER GRANTING DEFENDANT
BUCHANAN'S REQUEST FOR AN
EXTENSION OF TIME TO FILE A
DISPOSITIVE MOTION; DISMISSING
CERTAIN DEFENDANTS;
DIRECTIONS TO CLERK
Re: Dkt. No. 12

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Plaintiff, an inmate at Pelican Bay State Prison (“PBSP”), has filed a pro se civil rights

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action under 42 U.S.C. § 1983. Dkt. No. 1. The Court found that the complaint stated a

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cognizable due process claim against Defendant Buchanan. Dkt. No. 1 at 2‒3 and 6. The Court

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dismissed with prejudice Plaintiff’s Fourteenth Amendment claims against Officers Barneburg,

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Lacy, Schaad, Williams, and Loheim for their actions related to a razor blade that was allegedly

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planted in his cell; and Plaintiff’s Fourteenth Amendment claims against Director Beard, Officers

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Ducart, Bradbury, Osborne, Melton, Buchanon, Lawry, Stout, and Lacy regarding prison officials’

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retaliation against inmates other than Plaintiff who exercise their First Amendment rights. Dkt.

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No. 1 at 3‒6. The Court dismissed with leave to amend Plaintiff’s First Amendment retaliation

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claim against Officers Higgerson, Schaad, Williams, Loheim, Barneburg, Lacy, Stout, Lawry,

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Buchanon, Melton, Osborne, Bradbury, and Ducart. Dkt. No. 6 at 5‒6. The deadline to file an

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amended complaint has passed, and Plaintiff has not filed an amended complaint. Accordingly,

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the Court DISMISSES defendants Director Beard, Officers Barneburg, Lacy, Schaad, Williams,

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Loheim, Ducart, Bradbury, Osborne, Buchanon, Lawry, Stout, and Higgerson from this action.

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The only remaining defendant in this case is Defendant Buchanan. Defendant Buchanan

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has requested an extension of time to file a dispositive motion. Dkt. No. 12. The Court will

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GRANT this motion. Defendant Buchanan shall file his dispositive motion by May 29, 2018.

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Plaintiff’s opposition to the summary judgment or other dispositive motion must be filed with the

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Court and served upon defendant no later than 28 days from the date the motion is filed.

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Defendant shall file a reply brief no later than 14 days after the date the opposition is filed. The

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motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on

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the motion.

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The Clerk is directed to correct the spelling of Defendant Buchanan’s name from
Buchanon to Buchanan.
This order terminates Dkt. No. 12.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: 3/30/18
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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