Villasenor v. Cate

Filing 25

ORDER by Judge Lucy H. Koh granting 23 Motion for Reconsideration; VACATING JUDGMENT; RE-OPENING CASE (Attachments: # 1 certificate of service) (mpb, COURT STAFF) (Filed on 6/27/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCO VILLASENOR,
Plaintiff,

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vs.
MATTHEW CATE,
Defendant.

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No. C 11-3662 LHK (PR)
ORDER GRANTING PLAINTIFF’S
MOTION FOR RECONSIDERATION;
VACATING JUDGMENT; REOPENING CASE
(Docket No. 23)

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Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983
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against Defendant Matthew Cate, alleging that he was deliberately indifferent to Plaintiff’s
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serious medical needs. On February 1, 2012, Defendant filed a motion to dismiss for failure to
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exhaust. Although given an opportunity, Plaintiff did not file an opposition. On May 11, 2012,
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the Court granted Defendant’s motion to dismiss, concluding that Plaintiff failed to exhaust his
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administrative remedies prior to filing his federal lawsuit. On June 7, 2012, Plaintiff filed a
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motion for reconsideration, alleging that he had been housed in administrative segregation from
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December 22, 2011 through May 24, 2012, and, during that time, had no contact with his
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property and no ability to contact this Court.
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In light of the allegations in Plaintiff’s motion, and in the interest of justice, the Court
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GRANTS Plaintiff’s motion for reconsideration, VACATES the judgment imposed on May 11,
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2012, and RE-OPENS the case so that Plaintiff may have an opportunity to file an opposition to
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Order Granting Plaintiff’s Motion for Reconsideration; Vacating Judgment; Re-Opening Case
G:\PRO-SE\SJ.LHK\CR.11\Villasenor662recon.wpd

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Defendant’s motion to dismiss. Plaintiff shall file the opposition within twenty-eight (28) days

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of the filing date of this order. Defendant shall file his reply fourteen (14) days thereafter.

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IT IS SO ORDERED.
DATED: 6/26/12
LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Motion for Reconsideration; Vacating Judgment; Re-Opening Case
G:\PRO-SE\SJ.LHK\CR.11\Villasenor662recon.wpd

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