Trujillo v. Biter

Filing 80

ORDER DENYING Plaintiff's Motion to Squash Defendants' Motion for Summary Judgment for Non-Exhaustion 79 , signed by Magistrate Judge Erica P. Grosjean on 7/6/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-01370-LJO-EPG (PC)

GUILLERMO CRUZ TRUJILLO,

ORDER DENYING PLAINTIFF’S MOTION
TO SQUASH DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT FOR NONEXHAUSTION

Plaintiff,
v.
GOMEZ, et al.,

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(ECF NO. 79)

Defendants.

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Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On July 5, 2017, Plaintiff

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filed a motion to squash Defendants’ motion for summary judgment for non-exhaustion. (ECF

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No. 79).

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Plaintiff’s motion states that Plaintiff needed to file a motion with an explanation

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concerning non-exhaustion of administrative remedies prior to filing this action. Plaintiff states

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that he has exhausted his administrative remedies, and attaches evidence that appears to be

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related to the issue of exhaustion. Plaintiff asks that the Court “Squash Defendant’s [sic]

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Motion for Summary Judgment For Non-Exhaustion.”

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Plaintiff’s motion will be denied. Defendants have not yet filed a motion for summary

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judgment.

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administrative remedies, and there is no requirement that Plaintiff do so. If Defendants do file

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a motion for summary judgment for failure to exhaust administrative remedies, Plaintiff may

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file an opposition, and he may submit all relevant evidence at that time.

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The Court did not order Plaintiff to show that he exhausted his available

Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion to squash
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Defendants’ motion for summary judgment for non-exhaustion is DENIED.

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IT IS SO ORDERED.
Dated:

July 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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