Millner v. Biter

Filing 140

ORDER GRANTING Defendants' Request to File Supplemental Briefing 139 , signed by Magistrate Judge Stanley A. Boone on 7/15/16: 14-Day Deadline. (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES W. MILLNER, 12 Plaintiff, 13 14 v. MARTIN BITER, et al., 15 Defendants. 16 ORDER GRANTING DEFENDANTS’ REQUEST TO FILE SUPPLEMENTAL BRIEFING [ECF No. 139] 1983. On April 28, 2016, the Court held an evidentiary hearing regarding Plaintiff’s exhaustion of the 19 20 Case No.: 1:13-cv-02029-AWI-SAB (PC) Plaintiff James W. Millner is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 17 18 ) ) ) ) ) ) ) ) ) ) administrative remedies. 21 On July 13, 2016, Defendants filed a request to file supplemental briefing on the recent 22 Supreme Court decision in Ross v. Blake, 136 S.Ct. 1850 (June 6, 2016). Defendants submit that Ross 23 appears to provide controlling authority for the issues before the Court. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 Good cause having been presented to the Court, it is HEREBY ORDERED that within 2 fourteen (14) days from the date of service of this order, Defendants may file supplemental briefing in 3 support of Plaintiff’s failure to exhaust the administrative remedies. Within twenty-one (21) days 4 from the date Defendants file their supplemental brief, Plaintiff may file a response. 5 6 IT IS SO ORDERED. 7 Dated: 8 July 15, 2016 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?