Free Jury Demand - District Court of California - California

Case 5:07-cv-04920-JF

Document 21

Filed 05/12/2008

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EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General TRACE 0 . MAIORINO, State Bar No. 179749 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5975 Fax: (415) 703-5843 Email: [email protected] ~ t t o r n e for Defendants Tilton, Lemon, Ayers, Ebert, ~s Ortiz, Robinson, Ratliff, Plymesser, and Graqnis

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
GREGORY TABAREZ,

C 07-4920 J F Plaintiff,
DEFENDANTS' WAIVER OF REPLY; DEMAND FOR JURY TRIAL

v.
JAMES TILTON, et al.,

Defendants.

TO PLAINTIFF GREGORY TABAREZ, IN PRO SE: PLEASE TAKE NOTICE THAT Defendants Tilton, Lemon, Ayers, Ebert, Ortiz, 23 Robinson, Ratliff, Plymesser, and Grannis (Defendants) waive their right to reply to the 24 complaint under 28 U.S.C. $ 1997e(g). That section provides that: (1) Any defendant may waive the right to reply to any action brought by a prisoner confined in any jail, prison, or other correctional facility under section 1983 of this title or any other Federal law. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. No relief shall be granted to the plaintiff unless a reply has been filed.
Defs.' Waiver Reply & Jury Trial Demand

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G. Tabarez v. J. Tilton, et al.
C 07-4920 JF

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Case 5:07-cv-04920-JF

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Filed 05/12/2008

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Id.

(2) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable oppsrtunity to prevail on the merits.

In addition,

ife end ants demand a trial by jury in this case.

Dated: May 12,2008

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Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General

TRACE 0.MAIORINO Deputy Attorney General Attorneys for Defendants Tilton, Lemon, Ayers, Ebert, Ortiz, Robinson, Ratliff, Plyrnesser, and Grannis

1 Defs.' Waiver Reply & ~ u r ~ ' ~ Demand rial

G. Tabarez v. J. Tilton, et al.
C 07-4920 JF

Case 5:07-cv-04920-JF

Document 21

Filed 05/12/2008

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DECLARATION OF SERVICE BY U.S. MAIL,

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Case Name: No.:

G. Tabarez v. J. Tilton, et al.

C 07-4920 JF

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I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business.
On May 12,2008, I served the attached
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DEFENDANTS' WAIVER OF REPLY; DEMAND FOR JURY TRIAL
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by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows:
Gregory Tabarez, C-22746 High Desert State Prison P. 0 . Box 2210 Susanville, CA 96127-2210 Pro Per

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I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 12,2008, at San Francisco, California.
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T. Oakes Declarant

/s/ T. Oakes Signature