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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 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., 11 (ECF NO. 79) Defendants. 12 13 14 Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma 15 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On July 5, 2017, Plaintiff 16 filed a motion to squash Defendants’ motion for summary judgment for non-exhaustion. (ECF 17 No. 79). 18 Plaintiff’s motion states that Plaintiff needed to file a motion with an explanation 19 concerning non-exhaustion of administrative remedies prior to filing this action. Plaintiff states 20 that he has exhausted his administrative remedies, and attaches evidence that appears to be 21 related to the issue of exhaustion. Plaintiff asks that the Court “Squash Defendant’s [sic] 22 Motion for Summary Judgment For Non-Exhaustion.” 23 Plaintiff’s motion will be denied. Defendants have not yet filed a motion for summary 24 judgment. 25 administrative remedies, and there is no requirement that Plaintiff do so. If Defendants do file 26 a motion for summary judgment for failure to exhaust administrative remedies, Plaintiff may 27 file an opposition, and he may submit all relevant evidence at that time. 28 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 1 1 Defendants’ motion for summary judgment for non-exhaustion is DENIED. 2 3 4 IT IS SO ORDERED. Dated: July 6, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 5 6 7 8 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?