Bullock v. Wasco State Prison Medical

Filing 111

ORDER Regarding Petitioner's 110 Motion Requesting Copies, signed by Magistrate Judge Erica P. Grosjean on 6/19/18. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GORDON BULLOCK, Plaintiff, 12 13 Case No. 1:14-cv-00092-DAD-EPG (PC) ORDER REGARDING PETITIONER’S MOTION REQUESTING COPIES v. (ECF No. 110) 14 15 BROCK SHEELA, et al., Defendants. 16 17 18 Gordon Bullock (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On June 18, 2018, the Court received a motion (ECF No. 110) from Plaintiff requesting that 20 the Court send him a copy of his response (ECF No. 66) to Defendant’s motion for summary 21 judgment on the issue of failure to exhaust (ECF No. 62). Plaintiff also requests that he be provided 22 written instructions on the closing argument regarding exhaustion, as discussed at the May 17, 23 2018, video hearing, stating that he never received written instructions. 24 25 The Court will provide Plaintiff a copy of ECF No. 66, Plaintiff’s response to Defendant’s motion for summary judgment. 26 The Court will deny Plaintiff’s request for written instructions on “closing argument” 27 beyond what is provided in this Order. The deadline for Plaintiff and Defendants to file their 28 memorandums regarding the evidentiary hearing on exhaustion is July 27, 2018. As the Court 1 1 instructed during the evidentiary hearing, this memorandum is an opportunity for the parties to 2 provide the Court with written arguments, based on evidence submitted at the evidentiary hearing, 3 on whether Plaintiff did or did not exhaust his administrative remedies, as well as anything else 4 related to exhaustion that the parties want the Court to consider before making its Findings and 5 Recommendations. 6 Accordingly, 7 The Court GRANTS Plaintiff’s request for a copy of his response (ECF No. 66) to 8 Defendant’s motion for summary judgment. The Court DIRECTS the Clerk’s Office to mail a copy 9 of Plaintiff’s response (ECF No. 66) to Plaintiff. 10 The deadline for submitting the memorandum regarding the evidentiary hearing is July 27, 11 2018. The Court denies the request for written instruction beyond what is contained in this Order. 12 13 14 15 IT IS SO ORDERED. Dated: June 19, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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