(PC) Pettus v. U.S. Bureau of Prisons et al

Filing 58

ORDER Denying 46 Motion to Dismiss signed by District Judge Charles R. Breyer on 02/16/2010. (Flores, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNITED STATES BUREAU OF PRISONS, et al., Defendant(s). NAKIA PETTUS, Plaintiff, ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

No. C 08-00741 CRB (PR) ORDER DENYING MOTION TO DISMISS

Now pending before the Court is Defendant D. Smith's Motion to Dismiss Plaintiff's claims for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). In response to this Court's Order of November 18, 2009, Plaintiff has filed a Supplemental Brief in which he asserts that he was "deprived informally [sic] and formal review of grievance forms at all stages by [prison] administrative personnel." Supp. at 3. The Court finds that Plaintiff has sufficiently alleged that he availed himself of the Bureau of Prisons grievance process. Accordingly, the motion to // //

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dismiss for failure to exhaust is DENIED.. IT IS SO ORDERED.

DATED: February 16, 2010

CHARLES R. BREYER United States District Judge

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