Merino v. Medical Staff at Redwood City (Msguire Jail)

Filing 21

ORDER by Judge Ronald M. Whyte Denying 19 Without Prejudice Motion to Dismiss. (jg, COURT STAFF) (Filed on 7/1/2013)

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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 MERINO,
Plaintiff,

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v.
VICTOR DE LA CERDA, et al.,

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Defendants.

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No. C 11-6310 RMW (PR)
ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS’
MOTION TO DISMISS
(Docket No. 19.)

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Plaintiff, a former inmate in the San Mateo County jail proceeding pro se, filed a civil
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rights complaint pursuant to 42 U.S.C. § 1983, alleging that defendants used excessive force
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against him. Defendants have moved to dismiss this action for failure to exhaust.
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Defendants’ motion is DENIED without prejudice to refiling the motion within fourteen
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days of the filing date of this order, accompanied by proof of service upon plaintiff of the notice
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and warning regarding motions to dismiss for exhaustion as required by Woods v. Carey, 684
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F.3d 934, 938-40 (9th Cir. 2012). Plaintiff shall file his opposition within twenty-eight days.
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Defendants shall file a reply fourteen days thereafter.
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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 Denying without Prejudice Defendants’ Motion to Dismiss
G:\PRO-SE\RMW\CR.11\Merino310mtdexhwoods.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

FRANCISCO MERINO,

Case Number: CV11-06310 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
MEDICAL STAFF AT REDWOOD CITY 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 1, 2013, 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.

Francisco Merino AI4722
Salinas Valley State Prison
SVPP-DMH, D6-123
PO Box 1050
Soledad, CA 93960
Dated: July 1, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk