Opinion
20-CV-4392 (VEC) (BCM)
06-07-2021
ABRAHAM CRUZ, Plaintiff, v. SUZANNE HASTINGS, et al. Defendants.
ORDER
BARBARA MOSES, United States Magistrate Judge.
On June 4, 2021, defendants filed a motion to dismiss plaintiffs Third Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6) or, in the alternative Fed.R.Civ.P. 56, on the grounds that (1) plaintiffs' Bivens claims are barred by the applicable three-year statute of limitations; (2) plaintiff has not ex hausted his administrative remedies, as required by the Prison Litigation Reform Act; (3) the implied damages remedy under the Constitution recognized in Bivens does not reach claims for deliberate indifference arising under the Eighth Amendment; (4) plaintiff has in any event failed to plead a claim for deliberate indifference; and (5) defendants are entitled to qualified immunity. (Dkt. Nos. 51-54.)
Although defendants' motion is supported in part by the Declaration of Marc Peakes (Dkt. No. 53) and is made pursuant to Rule 56 as well as Rule 12(b)(6), defendants have failed to serve the notice prescribed by Local Civil Rules 12.1 and 56.2. Defendants shall promptly re-serve their motion papers on the pro se plaintiff with the required notice. Plaintiffs response to the motion shall be due 30 days after such service has been accomplished.
Chambers will mail a copy of this Order and a Motions Guide for Pro Se Litigants to plaintiff.
SO ORDERED.