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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 08-04067 JW

Russell Martin,

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ORDER REQUIRING SUPPLEMENTAL
EVIDENCE

Plaintiff,
v.

For the Northern District of California

United States District Court

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M. S. Evans, et al.,
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Defendants.
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/

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Presently before the Court is Plaintiff’s Motion for an Order Compelling Defendants to

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Reply to Plaintiff’s Complaint.1 In their Opposition to the Motion, Defendants contend that the

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Motion is “premature . . . because [Plaintiff] did not exhaust administrative remedies for at least one

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of his two claims.”2 However, Defendants offer no evidence in support of this contention.

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The Court finds that it would benefit from supplemental evidence as to this issue.

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Accordingly, on or before January 27, 2012, Plaintiff shall file evidence showing that he exhausted

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administrative remedies for his claims.

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Dated: January 25, 2012
JAMES WARE
United States District Chief Judge

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(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.)
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(Defendants’ Response to Plaintiff’s Motion to Compel a Reply to the Complaint at 2,
Docket Item No. 60.)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adam Charles Wright [e-mail]
Jose Alfonso Zelidon-Zepeda [e-mail]
Matthew J. Frankel [e-mail]
Seth Lewis Neulight [e-mail]

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Dated: January 25, 2012

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy