Stewart v. Holland et al
Filing
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ORDER GRANTING 59 Motion to Submit Administrative 602 Exhaustion to Defendants and to Court as a Exhibit, verifying exhaustion; ORDER regarding Plaintiff's First Request for Production of Documents, signed by Magistrate Judge Barbara A. McAuliffe on 04/16/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TRACY STEWART,
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Plaintiff,
v.
K. HOLLAND, et al.,
Case No.: 1:14-cv-00322-DAD-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO SUBMIT ADMINISTRATIVE
602 EXHAUSTION TO DEFENDANTS AND
TO COURT AS EXHIBIT, VERIFYING
EXHAUSTION
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ORDER REGARDING PLAINTIFF’S FIRST
REQUEST FOR PRODUCTION OF
DOCUMENTS
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(ECF No. 59)
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Defendants.
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Plaintiff Tracy Stewart is a state prisoner who is currently proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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I.
Exhibit
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Currently before the Court is Plaintiff’s motion to submit administrative 602 exhaustion to
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Defendants and Court as exhibit, verifying exhaustion of all claims, filed on April 9, 2018. (ECF
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No. 59.) Plaintiff submits documents that he asserts shows that he fully exhausted his
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administrative remedies with regards to his claims in this case, contrary to Defendants’ recent
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verbal contentions that he did not.
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On the same day that the Clerk of the Court received and docketed Plaintiff’s filing,
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Defendants Nixon and Carey filed a motion for summary judgment pursuant to Federal Rule of
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Civil Procedure 56 for Plaintiff’s failure to exhaust administrative remedies. (ECF No. 60.) As
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discussed in the Rand warning provided to Plaintiff with that motion, (ECF No. 60-2), Plaintiff
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may file an opposition to the motion and include specific facts in declarations, depositions,
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answers to interrogatories, or authenticated documents in support. The opposition is due within
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twenty-one (21) days of the date of service of the motion. Local Rule 230(l).
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Considering Plaintiff’s pro se status, and because his exhibits were submitted with a dated
and signed declaration, the Court will grant Plaintiff’s request to accept his exhibit and not
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require that he re-file the documents. Plaintiff may reference the documents he has submitted in
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his opposition to Defendants’ summary judgment motion, if he chooses. Plaintiff may also inform
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the Court in writing that he does not wish to submit any other opposition or additional
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submission, and will stand upon his April 9, 2018 filing alone to oppose Defendants’ motion, if
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he chooses. Any further submission in opposition to Defendants’ summary judgment motion by
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Plaintiff must be submitted as a single filing, including any exhibits, by the deadline noted above.
Plaintiff’s First Request for Production of Documents
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II.
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Plaintiff also submitted his First Set of Requests for Production of Documents with his
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filing discussed above, which is directed at Defendants.
As discussed in this Court’s first informational order in this case, issued on March 11,
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2014, discovery requests must be served directly on the attorney for the party from whom
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discovery is sought, and generally should not be filed with the Court. (ECF No. 3 ¶¶ V.C, D.)
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Normally, the Clerk of the Court will return discovery sent to the Court for filing as improper, or
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the Court will strike discovery wrongfully filed in an action. However, in the interests of justice
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and as a one-time exception, the Court will instead consider this set of requests for productions as
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served on Defendants as of the date it was filed. Defendants shall respond to the discovery
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requests as provided in the Court’s discovery and scheduling order issued on October 4, 2017
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(ECF No. 38), as amended, (ECF No. 54). In the future, discovery requests and responses should
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not be filed with the Court. The parties should carefully read and obey all court orders.
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III.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to submit administrative
Conclusion
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602 exhaustion to Defendants and Court as exhibit, verifying exhaustion of all claims, filed on
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April 9, 2018 (ECF No. 59) is granted.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
April 16, 2018
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
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