Aggers v. Tyson et al

Filing 47

ORDER requiring Defendant to provide further briefing signed by Magistrate Judge Jennifer L. Thurston on 5/26/2011. (Filing Deadline: 6/2/2011).(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL KEITH AGGERS,

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Case No. 1:07-cv-01701 AWI JLT (PC)

Plaintiff,

ORDER REQUIRING DEFENDANT TO
PROVIDE FURTHER BRIEFING

vs.

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CAPTAIN TYSON, et al.,

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Defendants.

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/

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On March 18, 2011, Defendant filed a motion to dismiss, arguing therein that Plaintiff failed to

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exhaust his administrative remedies prior to filing suit. (Doc. 38.) In support of the motion to dismiss,

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Defendant has provided a copy of Plaintiff’s inmate appeals record at Kern Valley State Prison. (Doc.

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38-1, Ex. A.) It appears from that record that Plaintiff exhausted an appeal, KVSP-O-07-01689, that

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may be relevant to this action. (Id.) Defendant, however, has not provided the Court with a copy of this

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appeal or an explanation about the circumstances about which Plaintiff complained.

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Accordingly, it is HEREBY ORDERED that within seven days of the date of service of this

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order, Defendant shall file with the Court a copy of the original grievance, numbered KVSP-O-07-01689

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and all records related to it. Plaintiff’s response, if any, shall be filed within fourteen days of

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Defendant’s filing.

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IT IS SO ORDERED.

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Dated: May 26, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE