Martinez v. Davey

Filing 75

ORDER GRANTING Defendants' Motion to modify Discovery and Scheduling Order 72 signed by Magistrate Judge Jennifer L. Thurston on 3/31/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO MARTINEZ,
Plaintiff,

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v.
D. DAVEY, et al.,

Case No. 1:16-cv-01658-JLT (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY DISCOVERY AND
SCHEDULING ORDER
(Doc. 72)

Defendants.

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Defendants filed a motion seeking modification of the Court’s Discovery and Scheduling

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Order (Doc. 69) to extend the deadline for filing a motion to dismiss based on failure to exhaust

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administrative remedies by sixty days, or through April 30, 2021. (Doc. 72.) Defendants argue

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that good cause exists for their inability to meet a March 1, 2021, deadline to file a motion for

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summary judgment based on the exhaustion requirement. (Id.) Plaintiff filed a response in

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opposition, to which Defendants filed a reply. (Docs. 73, 74.)

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Under the Prison Litigation Reform Act, the failure to exhaust administrative remedies is

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an affirmative defense that defendants must plead and prove. Jones v. Bock, 549 U.S. 199, 216

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(2007) (construing 42 U.S.C. § 1997e(a)). Defendants may raise the affirmative defense of

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exhaustion by motion for summary judgment. See Campbell v. Borges, No. CIV S-06-1135 GEB

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EFB P, 2007 WL 2428306, at *1 (E.D. Cal. Aug. 23, 2007), findings and recommendations

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adopted, No. 2:06-CV-1135-GEB-EFB-P, 2007 WL 2853611 (E.D. Cal. Sept. 27, 2007).

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Although the exhaustion motion deadline has passed, the Court is obligated to determine the issue

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of exhaustion as soon as possible. In addition, failure to comply with the PLRA is jurisdictional.

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Thus, the Court will GRANT the defendants’ request. The defendants SHALL file the motion for

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summary judgment related to exhaustion, if at all, no later than June 1, 2021.

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IT IS SO ORDERED.
Dated:

March 31, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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