(PC) Saylor v. Allison et al
ORDER DENYING 7 Plaintiff's Motion for Court to Permit Telephonic Appearance and 8 Plaintiff's Motion for Court to Receive Supplemental Proof of Exhaustion signed by Magistrate Judge Erica P. Grosjean on 7/15/2021. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRIAN E. SAYLOR,
KATHLEEN ALLISON, et al.,
ORDER DENYING PLAINIFF’S MOTION
FOR COURT TO PERMIT TELEPHONIC
APPEARANCE AND PLAINTIFF’S MOTION
FOR COURT TO RECEIVE
SUPPLEMENTAL PROOF OF
(ECF Nos. 7, 8)
Case No. 1:21-cv-01062-EPG (PC)
Plaintiff Brian Saylor (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On July 14, 2021, Plaintiff filed a motion requesting that he be permitted to appear
telephonically for any future appearances in this case. (ECF No. 7.) The same day, Plaintiff filed
a separate motion requesting that the Court “receive supplemental proof satisfying the exhaustion
requirement.” (ECF No. 8.)
The Court will deny Plaintiff’s motion requesting to appear telephonically for all future
appearances. Plaintiff’s complaint is currently before the Court for screening and there are no
upcoming appearances. While the Court will permit telephonic appearance whenever practicable,
appearances are handled on a case by case basis and on certain occasions Plaintiff may be
required to appear in person or by video conference. An order permitting Plaintiff to appear
telephonically for all future appearances is not appropriate at this time.
The Court will also deny Plaintiff’s motion regarding supplemental proof of exhaustion.
Exhaustion is an affirmative defense that is ordinarily resolved on summary judgment unless lack
of exhaustion is clear on the face of the complaint. Thus, it is not necessary for Plaintiff to submit
evidence at this time. If Plaintiff believes his complaint makes errors in its statements regarding
exhaustion, he may move to amend it.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to permit telephonic
appearance (ECF No. 7) and motion to receive supplemental proof of exhaustion (ECF No. 8) are
IT IS SO ORDERED.
July 15, 2021
UNITED STATES MAGISTRATE JUDGE
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