Castle v. Solis et al

Filing 26

ORDER DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION. Signed by Judge Hon. Lucy H. Koh on 2/24/2016. (sms, COURT STAFF) (Filed on 2/25/2016) (Additional attachment(s) added on 2/25/2016: # 1 Certificate/Proof of Service) (sms, 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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SY LEE CASTLE,

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Plaintiff,
v.
CAPTAIN V.J. SOLIS, et al.,
Defendants.

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No. C 15-2239 LHK (PR)
ORDER DIRECTING
DEFENDANTS 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. Defendants waived service, and filed their answer on January 26, 2016. On
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February 8, 2016, the court granted plaintiff’s motion for leave to file an amended complaint. A
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review of the amended complaint shows that plaintiff has not added new claims, but has added
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more facts in support of his claims. Thus, liberally construed, plaintiff’s amended complaint
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states cognizable claims against Captain V.J. Solis and Lt. Stevenson for violating his First
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Amendment right to free exercise and the Religious Land Use and Institutionalized Persons Act
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(RLUIPA), and a claim of retaliation against Captain V.J. Solis, Officer A. Puente, Lt. R. Parin,
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and Sgt. R. Ruano.
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The current briefing schedule is vacated. No later than sixty (60) days from the filing
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filing date of this order, defendants shall file a motion for summary judgment or other dispositive
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motion with respect to the cognizable claims in the amended complaint, or notice that such
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Order Directing Defendants to File Dispositive Motion or Notice Regarding Such Motion
P:\PRO-SE\LHK\CR.15\Castle239srv2.wpd

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motion is unwarranted. Plaintiff’s opposition to the dispositive motion shall be filed with the

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court and served on defendants 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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plaintiff’s opposition is filed.

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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the court and all

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parties informed of any change of address and must comply with the court’s orders in a timely

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fashion. Failure to do so may result in the dismissal of this action for failure to prosecute

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pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED: 2/24/2016
LUCY H. KOH
United States District Judge

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Order Directing Defendants to File Dispositive Motion or Notice Regarding Such Motion
P:\PRO-SE\LHK\CR.15\Castle239srv2.wpd

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