Coats v. Fox et al

Filing 30

ORDER signed by Magistrate Judge Craig M. Kellison on 4/14/11 ORDERING that defendant shall file a response to plaintiffs motion for reconsideration, within 30 days of the date of this order; and Plaintiff may file a supplemental brief within 30 days of the date of defendants brief. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS COATS,

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No. CIV S-09-1300-CMK-P

Plaintiff,

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vs.

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MICHAEL FOX,

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ORDER

Defendant.
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Plaintiff, a state prisoner proceeding pro se, brought this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to the written consent of all parties, this case was before

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the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28

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U.S.C. § 636(c). Pending before the court is plaintiff’s motion for reconsideration (Doc. 29).

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On March 24, 2011, the court granted defendant’s motion to dismiss for plaintiff’s

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failure to exhaust his administrative grievances. The court noted that although plaintiff’s inmate

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grievance was granted at the first level, the remedy he was granted was a transfer to another

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institution to receive his medical treatment as soon as possible. The remedy he had requested

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was immediate treatment. It was further noted that plaintiff had provided no authority, nor had

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the court found any, which held that obtaining a grant at any level of the grievance process was
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sufficient to exhaust his claims.
Plaintiff has filed a motion for reconsideration on the basis of a recent Ninth

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Circuit Court of Appeals decision, Harvey v. Jordan, 605 F.3d 681 (9th Cir. 2010). In Harvey,

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the Court stated “An inmate has no obligation to appeal from a grant of relief, or a partial grant

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that satisfies him, in order to exhaust his administrative remedies.” Id. at 685. This opinion was

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rendered after the motion to dismiss was filed, and was therefore not briefed or considered. As

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the decision appears to be relevant to the issues in this case, the court will require a response

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from defendant.

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Accordingly, IT IS HEREBY ORDERED that:
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Defendant shall file a response to plaintiff’s motion for reconsideration,

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specifically addressing the decision in Harvey v. Jordan, 605 F.3d 681 (9th Cir. 2010), within 30

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days of the date of this order; and

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2.

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defendant’s brief.

Plaintiff may file a supplemental brief within 30 days of the date of

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DATED: April 14, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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