Ransom v. McCabe et al
Filing
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ORDER Granting Defendants Leave to Provide Further Briefing on Exhaustion of State Law Claims, Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 9/19/17. Thirty-Day Deadline. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRYAN E. RANSOM,
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Plaintiff,
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1:13-cv-01779-DAD-GSA-PC
ORDER GRANTING DEFENDANTS
LEAVE TO PROVIDE FURTHER
BRIEFING ON EXHAUSTION OF STATE
LAW CLAIMS, WITHIN THIRTY DAYS
vs.
McCABE, et al.,
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Defendants.
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I.
BACKGROUND
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Bryan E. Ransom (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on
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November 5, 2013. (ECF No. 1.) The case now proceeds with the First Amended Complaint
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filed on July 10, 2014, on Plaintiff’s First Amendment claims for retaliation, Eighth
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Amendment claims for inadequate medical care and inhumane conditions of confinement, and
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state law claims for negligence, intentional infliction of emotional distress, and medical
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malpractice. (ECF No. 10.)
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On November 9, 2016, the court issued an order granting in part the motion for partial
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summary judgment filed by defendants McCabe, Clark, Gill, Sao, Rouch, Herrera, Dougherty,
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C/O J. Faldon, Kaiser-Smotherman, Molina, Torres, Quillen, Riley, Rocha, Hayward, and
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Strome1 (collectively, “Defendants”). (ECF No. 82.) The order dismissed the following claims
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without prejudice as having not been exhausted prior to filing suit:
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Amendment retaliation claim against defendants Dougherty, Faldon, Gill, Hayward, Herrera,
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Kaiser, McCabe, Molina, Quillen, Riley, Rocha, Rouch, Sao, Torres, and Strome; (b) Plaintiff’s
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Eighth Amendment conditions of confinement claim against defendants Faldon, Hayward,
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McCabe, Molina, Quillen, Riley, Torres, and Rocha; and (c) Plaintiff’s Eighth Amendment
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medical claim against defendants Faldon, Dougherty, Herrera, and Kaiser. (ECF No. 82 at 3-
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4.)
With respect to Plaintiff’s state law claims, the court found:
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[D]efendants’ motion for summary judgment did include a discussion of
California law related to the administrative exhaustion requirement. (Doc. 72-1
at 13.) However, defendants’ motion failed to provide any analysis of the
exhaustion requirement under state law. (Id. at 14-20.) While the defendants
may have intended to contest plaintiff’s administrative exhaustion of his state
law claims through their motion for summary judgment, they did not clearly do
so.
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(a) Plaintiff’s First
(Id. at 3:5-10.)
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The case was referred back to the undersigned Magistrate Judge for further proceedings,
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including consideration of whether Plaintiff properly exhausted his state law claims prior to
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filing suit. (Id. at 3:12-13.) At this juncture, Defendants shall be granted leave to file further
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briefing on this issue, if they so wish, within thirty days.
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II.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
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1.
Defendants are granted leave to file further briefing on the issue of whether
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Plaintiff properly exhausted his state law claims prior to filing suit, if they so
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wish, within thirty days of the date of service of this order;
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2.
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Plaintiff’s response to Defendants’ briefing, if any, is due within thirty days of
the date the briefing is filed; and
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Defendant Strome joined the motion for summary judgment on May 6, 2016. (ECF No. 76.)
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3.
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Defendants’ reply to Plaintiff’s response, if any, is due within ten days of the
date the response is filed.
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IT IS SO ORDERED.
Dated:
September 19, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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