Marquez v. Quintero et al

Filing 16

ORDER Permitting Plaintiff Opportunity To File Opposition In Light Of Separately - Issued Motion To Dismiss Notice, Thirty Day Deadline, signed by Magistrate Judge Barbara A. McAuliffe on 7/12/2012. (Responses due by 8/16/2012)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY MARQUEZ,

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Plaintiff,

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CASE NO. 1:10-cv-01965-BAM PC
ORDER PERMITTING PLAINTIFF
OPPORTUNITY TO FILE OPPOSITION IN
LIGHT OF SEPARATELY-ISSUED MOTION
TO DISMISS NOTICE

v.
I. QUINTERO, et al.,

THIRTY DAY DEADLINE
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Defendants.
/

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Plaintiff Anthony Marquez is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants

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Quintero and Horban for deliberate indifference in violation of the Eighth Amendment. On April

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6, 2012, Defendant Horban filed a motion to dismiss for failure to exhaust administrative remedies.

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In light of the recent decision in Woods v. Carey, Nos. 09-15548, 09-16113, 2012 WL

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2626912, at *5 (9th Cir. Jul. 6, 2012), Plaintiff must be provided with “fair notice” of the

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requirements for opposing a motion to dismiss for failure to exhaust at the time the motion is brought

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and the notice given in this case some three months prior does not suffice. Id.

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By separate order issued concurrently with this order, the Court provided the requisite notice.

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Having been provided with the required notice, Plaintiff shall be granted an opportunity to file an

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opposition to the motion to dismiss.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff may, within thirty (30) days from the date of service of this order, file an
opposition to Defendant Horban’s motion to dismiss.

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IT IS SO ORDERED.
Dated:
cm411

July 12, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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