Martin v. Evans et al

Filing 65

ORDER requiring supplemental evidence re 59 MOTION To Compel a Reply to the Complaint filed by Russell Martin. Signed by Judge James Ware on January 25, 2012. (jwlc2, COURT STAFF) (Filed on 1/25/2012)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 08-04067 JW Russell Martin, 11 ORDER REQUIRING SUPPLEMENTAL EVIDENCE Plaintiff, v. For the Northern District of California United States District Court 10 12 M. S. Evans, et al., 13 Defendants. 14 / 15 Presently before the Court is Plaintiff’s Motion for an Order Compelling Defendants to 16 Reply to Plaintiff’s Complaint.1 In their Opposition to the Motion, Defendants contend that the 17 Motion is “premature . . . because [Plaintiff] did not exhaust administrative remedies for at least one 18 of his two claims.”2 However, Defendants offer no evidence in support of this contention. 19 The Court finds that it would benefit from supplemental evidence as to this issue. 20 Accordingly, on or before January 27, 2012, Plaintiff shall file evidence showing that he exhausted 21 administrative remedies for his claims. 22 23 Dated: January 25, 2012 JAMES WARE United States District Chief Judge 24 25 1 26 27 (Plaintiff Russell Martin’s Notice of Motion and Motion for an Order Compelling Defendants to Reply to Plaintiff’s Complaint; Memorandum of Points and Authorities in Support, hereafter, “Motion,” Docket Item No. 59.) 2 28 (Defendants’ Response to Plaintiff’s Motion to Compel a Reply to the Complaint at 2, Docket Item No. 60.) 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Adam Charles Wright Jose Alfonso Zelidon-Zepeda Matthew J. Frankel Seth Lewis Neulight 3 4 5 Dated: January 25, 2012 Richard W. Wieking, Clerk 6 By: 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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?