Hall v. Tehrani et al

Filing 123

ORDER Directing Plaintiff to File Opposition. Signed by Judge Ronald M. Whyte on 8/29/11. (jg, COURT STAFF) (Filed on 8/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RICHARD GARY HALL, JR.,

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Plaintiff,
v.
JASMINE A. TEHRANI, et al.,

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Defendants.

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No. C 09-0057 RMW (PR)
ORDER DIRECTING PLAINTIFF
TO FILE OPPOSITION

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Plaintiff, a state prisoner proceeding pro se, filed a second amended civil rights complaint
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pursuant to 42 U.S.C. § 1983. Currently pending before the Court is Defendants’ motion to
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dismiss and, alternatively, for summary judgment. Because of an ongoing discovery issue, the
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motion for summary judgment is not yet submitted. However, Defendants’ motion to dismiss
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argues that Plaintiff fails to state a claim because his retaliation claim is barred by Heck v.
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Humphrey, 512 U.S. 477, 486-487 (1994). If Defendants’ motion to dismiss based on Heck is
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meritorious, a ruling on their motion for summary judgment would be unnecessary. Thus,
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Plaintiff is directed to file his opposition to Defendants’ motion to dismiss, addressing the Heck
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issue, no later than thirty days from the filing date of this order. Upon that date, the
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Defendants’ motion to dismiss will be submitted for the court’s review.
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IT IS SO ORDERED.
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DATED:
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RONALD M. WHYTE
United States District Judge

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Order Directing Plaintiff to File Opposition
P:\PRO-SE\SJ.Rmw\CR.09\Hall057dirP.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RICHARD G HALL,

Case Number: CV09-00057 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
JASMINE A TEHRAN et al,
Defendant.

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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.
That on August 29, 2011, 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.

Richard Gary Hall C-07278
Correctional Training Facility
P.O. Box 689
YW-343up
Soledad, CA 93960-0689
Dated: August 29, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk