Free Order - District Court of California - California

Case 3:07-cv-05088-WHA

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 LUIZ MURATALLA-LUA Plaintiff, v. Correctional Officer LABANS and Correctional Officer FREEMEN, Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is a civil rights case filed pro se by a state prisoner. In the initial review order the complaint was dismissed with leave to amend. Plaintiff has amended. DISCUSSION The Court dismissed the complaint with leave to amend because plaintiff did not even mentioned defendant Freeman. In the amended complaint he says that Freeman participated in the abuse of him by Labans which has already been found to be sufficient as to Labans. The amended complaint therefore will be served on both defendants. CONCLUSION 1. The clerk shall issue summons and the United States Marshal shall serve, without prepayment of fees, copies of the amended complaint in this matter and copies of this order upon the following defendants: Correctional Officers Labans and Freeman. Plaintiff states that they can be found at Pelican Bay State Prison. / No. C 07-5088 WHA (PR) ORDER OF SERVICE IN THE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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Case 3:07-cv-05088-WHA

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2. In order to expedite the resolution of this case, the court orders as follows: a. No later than sixty days from the date of service, defendants shall file a motion for summary judgment or other dispositive motion. The motion shall be supported by adequate factual documentation and shall conform in all respects to Federal Rule of Civil Procedure 56, and shall include as exhibits all records and incident reports stemming from the events at issue. If defendants are of the opinion that this case cannot be resolved by summary judgment, they shall so inform the court prior to the date their summary judgment motion is due. All papers filed with the court shall be promptly served on the plaintiff. b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the court and served upon defendants no later than thirty days from the date of service of the motion. Plaintiff must read the attached page headed "NOTICE -- WARNING," which is provided to him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). If defendants file an unenumerated motion to dismiss claiming that plaintiff failed to exhaust his available administrative remedies as required by 42 U.S.C. § 1997e(a), plaintiff should take note of the attached page headed "NOTICE -- WARNING (EXHAUSTION)," which is provided to him as required by Wyatt v. Terhune, 315 F.3d 1108, 1120 n. 4 (9th Cir.), cert. denied, Alameida v. Wyatt, 124 S.Ct 50 (2003). c. If defendants wish to file a reply brief, they shall do so no later than fifteen days after the date of service of the opposition. d. The motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on the motion unless the court so orders at a later date. 3. All communications by the plaintiff with the court must be served on defendants, or defendants' counsel once counsel has been designated, by mailing a true copy of the document to defendants or defendants' counsel. 4. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court informed of any change of address and must comply with the court's orders in a timely fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 2

United States District Court

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For the Northern District of California

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Case 3:07-cv-05088-WHA

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Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED.

Dated: January

17

, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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