Yapundahyan v. Tusel et al

Filing 50

ORDER Providing Plaintiff Notice ad Warning; Scheduling Supplemental Briefing. Signed by Judge Ronald M. Whyte on 7/30/12. (jg, COURT STAFF) (Filed on 7/31/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ARMEN YAPUNDAHYAN,
Plaintiff,

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v.
DONALD TUSEL, et al.,
Defendants.

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No. C 10-5181 RMW (PR)
ORDER PROVIDING PLAINTIFF
NOTICE AND WARNING;
SCHEDULING SUPPLEMENTAL
BRIEFING

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Plaintiff, proceeding pro se, filed an amended civil rights complaint pursuant to 42
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U.S.C. § 1983. Defendants have moved to dismiss this action for failure to exhaust. Although
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given the opportunity, Plaintiff has not filed an opposition.
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Pursuant to Woods v. Carey, No. 09-15548, slip op. 7871, 7884-85 (9th Cir. July 6,
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2012), plaintiff is given the following notice and warning for a second time:
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If defendants file an unenumerated motion to dismiss for failure to
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exhaust, they are seeking to have your case dismissed. If the motion is
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granted it will end your case.
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You have the right to present any evidence you may have which tends to
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show that you did exhaust your administrative remedies. Such evidence may be in
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the form of declarations (statements signed under penalty of perjury) or
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authenticated documents, that is, documents accompanied by a declaration showing
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Order Providing Plaintiff Notice and Warning; Scheduling Supplemental Briefing
G:\PRO-SE\SJ.Rmw\CR.10\Yapundzhyan181woods.wpd

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where they came from and why they are authentic, or other sworn papers, such as

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answers to interrogatories or depositions.

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If defendants file a motion to dismiss and it is granted, your case will
be dismissed and there will be no trial.
See also Wyatt v. Terhune, 315 F.3d 1108, 1120 n.4 (9th Cir. 2003).

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Although the deadline for plaintiff to file an opposition has already passed, in light of

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Woods, plaintiff may file a supplemental opposition within 14 days of this order. Defendants

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shall file a supplemental reply to any supplemental opposition within 7 days thereafter.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Providing Plaintiff Notice and Warning; Scheduling Supplemental Briefing
G:\PRO-SE\SJ.Rmw\CR.10\Yapundzhyan181woods.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

YAPUNDAHYAN et al,

Case Number: CV10-05181 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
TUSEL 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 July 31, 2012, 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.

Armen Yapundahyan T-67180
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960-1050
Dated: July 31, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk