Avila v. Turner et al

Filing 37

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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?