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)

Download PDF
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 // // 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 dismiss for failure to exhaust is DENIED.. IT IS SO ORDERED. DATED: February 16, 2010 CHARLES R. BREYER United States District Judge G:\CRBALL\2008\0741ed\order denying MTD.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?