Cortinas v. Gipson et al

Filing 57

ORDER Setting Evidentiary Hearing, signed by Magistrate Judge Stanley A. Boone on 03/03/15. Evidentiary Hearing set for 5/19/2015 at 01:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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Plaintiff,
v.
CONNIE GIPSON, et al.,
Defendants.

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Case No.: 1:13-cv-01229-AWI-SAB (PC)
ORDER SETTING EVIDENTIARY
HEARING
Date: May 19, 2015
Time: 1:00 p.m.
Honorable Stanley A. Boone, Courtroom 9

Plaintiff Larry William Cortinas is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On February 13, 2015, Judge Ishii denied Defendants’ motion for summary judgment finding

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that a disputed issue of facts exists, and the matter was referred back to the undersigned for a

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determination on the issue of exhaustion. (ECF No. 54.)

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In Albino v. Baca, 747 F.3d 1162, 1170-1171 (9th Cir. 2014), the Ninth Circuit held that “[i]f a

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motion for summary judgment is denied, disputed factual questions relevant to exhaustion should be

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decided by the judge, in the same manner a judge rather than a jury decides disputed factual questions

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relevant to jurisdiction and venue.”) (citations omitted).

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Accordingly, the Court SETS an evidentiary hearing to decide the disputed issues of facts

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relating to exhaustion of the administrative remedies. The hearing will be held on May 19, 2015 at

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1:00 p.m., in Courtroom 9, Sixth Floor of the United States Courthouse in Fresno, California. The
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hearing will commence and be completed that afternoon, and will be limited to the following issues

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relating to exhaustion of the administrative remedies: (1) whether Plaintiff’s inmate appeal number

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CSPC-5-12-1100 was improperly rejected at the second level of review for Plaintiff’s failure to

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participate in the interview process; and (2) whether Plaintiff received the letter dated July 30, 2012,

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informing him that his appeal was cancelled at the second level of review for failure to cooperate.

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IT IS SO ORDERED.

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Dated:

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March 3, 2015
UNITED STATES MAGISTRATE JUDGE

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