Price v. Chen ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARCUS PRICE, Case No. 22-cv-03243-JSW 8 Plaintiff, ORDER DENYING MOTION FOR 9 v. APPOINTMENT OF COUNSEL AND SCHEDULING SUMMARY 10 JAMES H. CHEN, et al., JUDGMENT BRIEFING 11 Defendants. Re: Dkt. No. 31 12 Plaintiff’s motion for appointment of counsel is DENIED as he has been able to effectively 13 represent himself in this action, and the issues are not especially complex. 14 In order to expedite the resolution of this case: 15 No later than 91 days from the date this order is filed, the remaining Defendant, James 16 Chen, shall file a motion for summary judgment or other dispositive motion. If defendant is of the 17 opinion that this case cannot be resolved by summary judgment, he shall so inform the court prior 18 to the date the summary judgment motion is due. All papers filed with the court shall be promptly 19 served on the plaintiff. 20 Plaintiff's opposition to the dispositive motion, if any, shall be filed with the court and 21 served upon defendant no later than 28 days from the date of service of the motion. Plaintiff must 22 read the attached page headed “NOTICE -- WARNING,” which is provided to him pursuant to 23 Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 24 849 F.2d 409, 411-12 (9th Cir. 1988). 25 Defendant shall file a reply brief no later than 14 days after the date of service of the 26 opposition. 27 The motion shall be deemed submitted as of the date the reply brief is due. No hearing 1 Along with his motion, defendant shall file proof that he served plaintiff the Rand warning 2 || at the same time he served him with his motion. Failure to do so will result in the summary 3 dismissal of his motion. 4 All communications by the plaintiff with the court must be served on defendant, or 5 defendant’s counsel once counsel has been designated, by mailing a true copy of the document to 6 || defendant or their counsel. 7 Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No 8 further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is required 9 || before the parties may conduct discovery. Plaintiff is reminded that state prisoners inmates may 10 review all non-confidential material in their medical and central files, pursuant to In re Olson, 37 11 Cal. App. 3d 783 (Cal. Ct. App. 1974); 15 California Code of Regulations § 3370; and the 12 CDCR’s Department Operations Manual §§ 13030.4, 13030.16, 13030.16.1-13030.16.3, 5 13 13030.21, and 71010.11.1. Requests to review these files or for copies of materials in them must 14 || be made directly to prison officials, not to the court. 3 15 It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court 16 || informed of any change of address and must comply with the court's orders in a timely fashion. 3 17 || Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 18 Federal Rule of Civil Procedure 41(b). 19 IT IS SO ORDERED. 20 || Dated: January 18, 2024 21 / é 22 Lali : Te 33 PEFR S. year /UnitdA Stateg/District Judge 24 25 26 27 28