Reece v. Sisto et al

Filing 45

ORDER signed by Magistrate Judge Edmund F. Brennan on 09/03/13 ordering the clerk of the court is directed to reopen this case. In due course, the court will issue findings and recommendations addressing the alternate arguments for dismissal in defendants' 06/21/11 motion to dismiss. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES G. REECE,

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Plaintiff,

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No. 2:10-cv-0203-JAM-EFB P

v.

ORDER

D.K. SISTO, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On April 4, 2012, the court granted defendants’ June 21, 2011 motion to

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dismiss on the grounds that plaintiff failed to exhaust his administrative remedies prior to filing

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suit. ECF No. 37. In doing so, the court did not consider the alternate grounds for dismissal

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argued in defendants’ motion. See ECF No. 22.
On August 2, 2013, the U.S. Court of Appeals for the Ninth Circuit reversed this court’s

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April 4, 2012 ruling and remanded the action for further proceedings. ECF No. 43.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk of the Court is directed to reopen this case; and

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2. In due course, the court will issue findings and recommendations addressing the
alternate arguments for dismissal in defendants’ June 21, 2011 motion to dismiss.
Dated: September 3, 2013.

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