Nelson v. Dickinsen et al

Filing 23

ORDER signed by Magistrate Judge John F. Moulds on 7/18/11 ORDERING that the exhibits filed by plaintiff on 6/16/11 shall be disregarded unless or until the question of plaintiffs compliance with 42 U.S.C. § 1997e(a) is placed in issue at a subsequent stage of these proceedings.(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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DYKE EDWARD NELSON,

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Plaintiff,

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No. 2:10-cv-2156 JFM (PC)

vs.
DR. ALEX ZIGA, etc.

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Defendants.

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/

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ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil

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rights action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local

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Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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By order filed May 14, 2011, the court determined that plaintiff’s fifth amended

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complaint states a cognizable claim for relief against defendant Alex Ziga and ordered plaintiff to

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return forms necessary for service of process on said defendant. Plaintiff has returned the

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necessary forms and this court will, by order filed concurrently herewith, direct the United States

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Marshal to serve process on said defendant. On June 15, 2011, plaintiff filed a document styled

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as exhibits. The documents appended thereto are copies of plaintiff’s administrative appeal.

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Defendant Ziga has not yet appeared in this action, and plaintiff’s compliance with the

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administrative exhaustion requirements of 42 U.S.C. §1997e(a) has not been placed in issue in

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this action.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that the exhibits

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filed by plaintiff on June 16, 2011 shall be disregarded unless or until the question of plaintiff’s

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compliance with 42 U.S.C. § 1997e(a) is placed in issue at a subsequent stage of these

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proceedings.

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DATED: July 18, 2011.

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nels2156.exh

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