Sandoval v. Barneburg et al

Filing 55

*****FILED IN ERROR. SEE DOCKET NUMBER 56*****ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION; VACATING ORDER DENYING DEFENDANTS' MOTION TO DISMISS; GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Lucy H. Koh granting 48 Motion for Leave to File (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 11/7/2013) Modified on 11/7/2013 (mpb, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ALFRED ARTHUR SANDOVAL,

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Plaintiff,
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v.
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CORRECTIONAL SGT. D. BARNEBURG, )
et al.,
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Defendants.
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No. C 12-3007 LHK (PR)
ORDER OF SERVICE;
DIRECTING DEFENDANT
COUNTESS TO FILE
DISPOSITIVE MOTION OR
NOTICE REGARDING SUCH
MOTION

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Plaintiff, a California state prisoner proceeding pro se, filed a civil rights action under 42

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U.S.C. § 1983, against correctional officers at Pelican Bay State Prison. On October 5, 2012, the

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Court found that Plaintiff stated a cognizable claim for relief, and ordered service upon

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Defendants Barneburg, Beeson, Buchanan, and Reyes. However, Plaintiff had also named

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Defendant Correctional Officer C. Countess in his complaint. Because the Court inadvertently

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omitted Defendant Countess in its order of service, the Court directs the Clerk to mail a Notice

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of Lawsuit and Request for Waiver of Service of Summons, two copies of the Waiver of Service

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of Summons, a copy of the complaint and all attachments thereto (docket no. 1), and a copy of

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this Order to Correctional Officer C. Countess at the Pelican Bay State Prison.

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The Clerk of the Court shall also mail a courtesy copy of the complaint and a copy of this

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Order to the California Attorney General’s Office. Additionally, the Clerk shall mail a copy of

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this Order to Plaintiff.
Order of Service; Directing Defendant Countess to File Dispositive Motion or Notice Regarding Such Motion
G:\PRO-SE\SJ.LHK\CR.12\Sandoval007srv-countess.wpd

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The deadlines and instructions issued in the Court’s original order of service shall also

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apply to Defendant Countess.

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IT IS SO ORDERED.

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DATED: 11/6/12
LUCY H. KOH
United States District Judge

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Order of Service; Directing Defendant Countess to File Dispositive Motion or Notice Regarding Such Motion
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G:\PRO-SE\SJ.LHK\CR.12\Sandoval007srv-countess.wpd