Marinello v. California Department of Corrections and Rehabilitation, CTF Soledad

Filing 34

ORDER by Judge Whyte correcting 28 Order by clarifying that defendant was NOT found to be a vexatious litigant and denying 31 Motion for Extension of Time to File Response/Reply. (rmwlc2, COURT STAFF) (Filed on 12/6/2012)

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1 2 E-FILED on 12/6/2012 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 ROSARIO MARINELLO, 12 Plaintiff, 13 14 15 No. 12-02564 RMW ORDER v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, CTF SOLEDAD, 16 [Re dkt: 28, 31] Defendants. 17 The court's November 11, 2012 order granting defendants' motion to dismiss erroneously 18 contained a title indicating that the plaintiff had been found to be a vexatious litigant. Dkt. no. 28. 19 As stated in the order, plaintiff was not found to be a vexatious litigant. This order corrects that 20 erroneous title. The rest of the order stands. 21 Plaintiff also moved for an extension of time to respond to the court's order to show cause 22 and the motion to dismiss. Dkt. no. 31. As the court did not find plaintiff to be a vexatious litigant 23 and already has ruled on the motions, the motion is moot and dismissed. 24 25 26 27 DATED: December 6, 2012 RONALD M. WHYTE United States District Judge 28 ORDER No. 12-02564 RMW SW

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