Avila v. Turner et al
ORDER by Judge Marilyn Hall Patel denying 32 Motion for Extension of Time to exhaust administrative remedies. (Attachments: # 1 CertServ) (awb, COURT-STAFF) (Filed on 1/27/2009)
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
FREDERICK M. AVILA, SR., Plaintiff, v. SERGEANT TURNER; et al., Defendant. /
No. C 06-6913 MHP (pr) ORDER
Plaintiff's post-judgment motion for an extension of time to exhaust his administrative remedies is DENIED because it is too late for him to satisfy the exhaustion requirement for this action. (Docket # 32.) Administrative remedies must be exhausted before the action is filed, and not while the action is pending or after it has been dismissed. See Vaden v. Summerhill, 449 F.3d 1047, 1050-51 (9th Cir. 2006). IT IS SO ORDERED. Dated: January 26, 2009 _______________________ Marilyn Hall Patel United States District Judge
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