Dangerfield v. Neu et al

Filing 19

ORDER REOPENING CASE; BRIEFING SCHEDULE. Signed by Judge Hon. Lucy H. Koh on 7/22/2015. (sms, COURT STAFF) (Filed on 7/24/2015)

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FILED

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JUL 24 2015

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANDRE DANGERFIELD,
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Plaintiff,
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v.
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DEPUTY NEU, et al.,
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Defendants.
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No. C 15-0396 LHK (PR)
ORDER TO RE-OPEN;
BRIEFING SCHEDULE

Plaintiff, a California state prisoner proceedingpra se, filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983. On April8, 2015, the court issued an order of service, and

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directed plaintiff to file a notice of his current address and his intent to prosecute within twenty

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days. 1 Plaintiff failed to respond to the court's order and this case was dismissed on May 21,

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2015. On June 23, 2015, the court updated the docket to reflect the correct address for plaintiff

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and sent plaintiff the April 8, 2015 order and a current docket sheet. 2 In the interest of justice,

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the court exercises its discretion to VACATE the judgment and REOPEN this action.
The clerk ofthe court shall mail a copy of this order and of the court's order (docket no.

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8) dated April 8, 2015 to plaintiff. Additionally, the clerk shall mail a copy of this order to

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defendants' counsel.

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Mail sent to plaintiff on March 12, 2015, had been returned to the court as undeliverable.
Plaintiffs address had been incorrectly listed as 80 Bryant Street rather than 850 Bryant Street.

Order to Re-Open; Briefing Schedule
P:\PRO-SE\LHK\CR.l5\Dangerfield396reopen. wpd

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If plaintiff can cure the pleading deficiency specified in the courts order dated April 8,

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2015, regarding Senior Deputy Brown, plaintiff shall file an AMENDED COMPLAINT within

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thirty (30) days from the date this order is filed. The amended complaint must include the

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caption and civil case number used in this order (C 15-0396 LHK (PR)) and the words

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AMENDED COMPLAINT on the first page. Plaintiff may not incorporate material from the

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prior complaint by reference. If plaintiff does not file an amended complaint within the time

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specified, the court will proceed only on the excessive force claims against Deputy Neu and

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Lieutenant Minor.

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Defendants shall file an answer and a motion for summary judgment or other dispositive

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motion within sixty (60) days from the date of this order. Plaintiffs opposition to the

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dispositive motion shall be filed no later than twenty-eight (28) days from the date defendants'

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motion is filed. Defendants shall file a reply brief no later than fourteen (14) days after

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plaintiffs opposition is filed.

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IT IS SO ORDERED.

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DATED: 7

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Order to Reopen; Briefing Schedule
P:\PRO-SE\LHK\CR.15\Dangerfield396reopen. wpd2

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