Cortinas v. Gipson et al

Filing 67

ORDER GRANTING PLAINTIFF'S REQUESTS TO CONDUCT DISCOVERY ON THE LIMITED ISSUE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES re 64 , 65 signed by Magistrate Judge Stanley A. Boone on 3/26/2015. (Lundstrom, T)

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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.
M. PORTILLO, et al.,
Defendants.

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Case No.: 1:13-cv-01229-AWI-SAB (PC)
ORDER GRANTING PLAINTIFF’S REQUESTS
TO CONDUCT DISCOVERY ON THE LIMITED
ISSUE OF EXHAUSTION OF ADMINISTRATIVE
REMEDIES
[ECF Nos. 64, 65]

Plaintiff Larry William Cortinas is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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On March 4, 2015, the Court set an evidentiary hearing to be held on May 19, 2015, at 1:00

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p.m. to determine the disputed issues of facts relating to exhaustion of the administrative remedies.

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The hearing will commence and be completed that afternoon, and will be limited to the following

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

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

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to participate in the interview process; and (2) if improperly rejected, whether Plaintiff received the

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letter dated July 30, 2012, informing him that his appeal was cancelled at the second level of review

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for failure to cooperate. (ECF No.

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On March 25, 2015, Plaintiff filed two separate motions regarding discovery of documentation
relating to the issue of his exhaustion of the administrative remedies. On the basis of good cause and
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in anticipation of the evidentiary hearing on May 19, 2015, Plaintiff may submit his requests for

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discovery upon Defendants who shall have thirty (30) days from the date of service to file a response.

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Plaintiff is advised that discovery requests shall not be filed with the Court except in the case of a

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discovery dispute. (ECF Nos. 3 & 20.) Discovery documents inappropriately submitted to the Court

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may be stricken. (ECF No. 3.) To the extent Plaintiff attempts to argue the merits of his claim that he

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exhausted the administrative remedies by way of motion submitting in writing to the Court, such

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arguments should be reserved for presentation at the evidentiary hearing on May 19, 2015, and not

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filed in writing with the Court. Plaintiff is advised that he must be diligent in preparing and serving his

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request so as to give defendants the necessary time to respond to his requests before the May 19

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hearing.
Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s request to conduct discovery

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limited to the issue of exhaustion of the administrative remedies is GRANTED, and Plaintiff may

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serve his discovery requests upon Defendants who have thirty (30) days from the date of service of

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Plaintiff’s request to file a response.

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IT IS SO ORDERED.

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Dated:

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March 26, 2015
UNITED STATES MAGISTRATE JUDGE

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