Saenz v. Spearman, et al.

Filing 69

ORDER GRANTING in Part Plaintiff's 68 Motion to File a Reply to Defendant's Notice of Filing of Inmate Appeals, signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2011. Twenty-Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT GONZALES SAENZ,

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Plaintiff,

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v.

CASE NO. 1:09-cv-00557-BAM PC
ORDER GRANTING IN PART PLAINTIFF’S
M OTION TO FILE A R EP LY TO
DEFENDANT’S NOTICE OF FILING OF
INMATE APPEALS

SGT. D. REEVES,
(ECF No. 68)

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Defendant.
/ TWENTY-DAY DEADLINE

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Plaintiff Robert Gonzales Saenz (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendant Reeves filed a

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motion to dismiss for failure to exhaust on April 22, 2011. Plaintiff filed an opposition on May 10,

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2011, and Defendant filed a reply on May 16, 2011.

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On October 24, 2011, an order issued directing Defendant to file a copy of Plaintiff’s inmate

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appeals. The documents were filed on November 18, 2011, however the first page of appeal no.

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SATF E-07-00748 was missing and Defendant was unable to locate the citizens complaint which

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Plaintiff alleged he submitted. On November 22, 2011, Defendant filed a complete copy of the

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inmate appeal. Plaintiff filed a motion to file a reply to the notice of filing on November 30, 2011.

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Plaintiff’s request shall be granted to the extent that he may file a copy of the staff complaint

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which he alleges exhausted his administrative remedies. However, Plaintiff’s request to file further

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briefing is denied. Plaintiff has filed an opposition which has been considered by the Court and no

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further briefing is necessary.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion to file a reply is GRANTED IN PART and Plaintiff may file a copy

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of the citizens complaint within twenty days from the date of service of this order;

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and

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2.

Plaintiff’s motion to file further briefing is DENIED.

IT IS SO ORDERED.
Dated:
10c20k

December 1, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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