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Michael andre Todd v. Anthony L. Hedgpeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 8, 2012

MICHAEL ANDRE TODD,
PLAINTIFF,
v.
ANTHONY L. HEDGPETH, ET AL.,
DEFENDANTS.

ORDER PROVIDING PLAINTIFF OPTION TO (1) STAND ON EXISTING OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR (2) FILE AMENDED OPPOSITION PER AMENDED SECOND INFORMATIONAL ORDER Doc. 65 / TWENTY-ONE DAY DEADLINE

I. Procedural History, Woods v. Carey, and Contemporaneous Notice

Plaintiff Michael Andre Todd ("Plaintiff"), is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on October 6, 2008. Doc. 1. On May 2, 2012, Defendants filed a motion for summary judgment. Doc. 65. On May 22, 2012, and March 23, 2012, Plaintiff filed an opposition to Defendants' motion for summary judgment. Doc. 68; Doc. 70. May 29, 2012, and June 22, 2012, Defendants filed replies. Doc. 73; Doc. 74.

On July 6, 2012, the Ninth Circuit found that the notice and warning of requirements for opposing a defendant's motion for summary judgment should be issued contemporaneously when a defendant files a motion for summary judgment. Woods v. Carey, --- F.3d ---, 2012 WL 2626912, at * 4 (9th Cir. Jul. 6, 2012). In order to address the time delay between providing notice and the filing of Defendants' motion, the Court issued an amended second informational order to Plaintiff, in accordance with Woods.

II. Plaintiff has Option to (1) Stand on Existing Opposition to Motion for Summary Judgment or (2) File Amended Opposition Per Amended Second Informational Order In light of the separately-issued amended second informational order and notice pursuant to

Woods, the Court will provide Plaintiff with two options upon receipt of the notice and this order. Plaintiff may either (1) stand on his previously-filed opposition or (2) withdraw the existing opposition and file an amended opposition.

Accordingly, it is HEREBY ORDERED that:

1. Within twenty-one (21) days from the date of service of this order, Plaintiff may elect to:

a. Stand on his existing opposition already submitted to the Court; or

b. Withdraw his opposition and file an amended opposition;

2. If Plaintiff does not elect to file an amended opposition in response to this order within twenty-one (21) days, the Court will consider his existing opposition in resolving Defendants' motion for summary judgment;

3. If Plaintiff elects to file an amended opposition, the Court will not consider Defendants' existing reply; and

4. Defendants may file an amended reply pursuant to Local Rule 230(l).

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20120808

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