Kidd v. Powell et al

Filing 37

ORDER PROVIDING PLAINTIFF NOTICE. Set/Reset Deadlines as to 32 MOTION to Dismiss for Failure to Exhaust Administrative Claims. Response due by 8/1/2012. Reply due by 8/16/2012. Signed by Judge Edward J. Davila on 7/10/2012. (ecg, COURT STAFF) (Filed on 7/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER PROVIDING PLAINTIFF NOTICE

Plaintiff,

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No. C 11-04260 EJD (PR)

ALFRED R. KIDD,

vs.

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B. POWELL, et al.,
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Defendant.
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The Ninth Circuit recently held that "Rand and Wyatt notices must be served

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concurrently with motions to dismiss and motions for summary judgment so that pro se

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prisoners will have fair, timely and adequate notice of what is required of them in order to

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oppose those motions." Woods v. Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 7874

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(9th Cir. July 6, 2012). Because it appears that a Wyatt notice was not served concurrently

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with the pending motion to dismiss for failure to exhaust in this case, the Court will provide

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said notice now:

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You have the right to present any evidence you may have which tends to show

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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

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showing where they came from and why they are authentic, or other sworn

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papers, such as answers to interrogatories or depositions. If defendants’ motion

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to dismiss is granted, your case will be dismissed and there will be no trial.

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Wyatt v. Terhune, 315 F.3d 1108, 1120 n. 4 (9th Cir. 2003).

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Plaintiff’s opposition is currently due no later than August 1, 2012. Defendants shall file a

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reply to the opposition within 15 days thereafter.

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7/10/2012
DATED: ________________________

_______________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
For the Northern District of California

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Order Providing P Notice
04260Kidd_notice.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ALFRED R. KIDD,

Case Number: CV11-04260 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
B. POWELL, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
7/13/2012
That on
, 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.

Alfred R. Kidd K-55068
Kern Valley State Prison
P. O. Box 6000
Delano, CA 93215-6000
Dated:

7/13/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk