Opinion
No. C 10-3783 JSW (PR).
October 17, 2011
Plaintiff, a California prisoner proceeding pro se, filed this rights action pursuant to 42 U.S.C. § 1983 against officials of Pelican Bay State Prison, where Plaintiff is incarcerated.
Plaintiff's motion to serve defendants Greg Lewis and Maureen McLean (docket number 74) is GRANTED. The Clerk of the Court shall issue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the amended complaint (docket number 81) and all attachments thereto, and a copy of this order upon: Defendants Health Care Manager Maureen McLean and Warden Greg D. Lewis at Pelican Bay State Prison. Defendants McLean and Lewis should notify the Court within 30 days of the date of service whether they want to join in the other defendants' motion for summary judgment or whether they intend to file a separate summary judgment motion. If they chose the latter course, the provisions of the Order of Service (docket number 14) of January 7, 2011, govern the filing of such motion.
Plaintiff has filed a motion for a temporary restraining order ("TRO") or a preliminary injunction. Prior to granting a preliminary injunction, notice to the adverse party is required. See Fed.R.Civ.P. 65(a)(1). A TRO may be granted without written or oral notice to the adverse party or that party's attorney only if: (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or the party's attorney can be heard in opposition, and (2) the applicant's attorney certifies in writing the efforts, if any, which have been made to give notice and the reasons supporting the claim that notice should not be required. See Fed.R.Civ.P. 65(b). Plaintiff has neither notified the defendants of his request nor submitted the required certification of his efforts to do so and why they have failed. Accordingly, his motion (docket number 75) is DENIED.
Good cause appearing, defendants' motion for an extension of time (docket number 61) in which to respond to the order to show cause is GRANTED. Plaintiff's motion for an extension of time (docket number 82) in which to file an opposition to defendants' motion for summary judgment, to and including November 5, 2011, is also GRANTED. No further extensions of time will be granted as plaintiff will have had 90 days in which to prepare his opposition. Defendants shall file a reply brief within 14 days of the date any opposition is filed.
IT IS SO ORDERED.