Easter v. Pruitt et al

Filing 11

ORDER re 9 Letter filed by Danny Clifford Easter. Signed by Judge Charles R. Breyer on 9/13/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 9/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANNY C. EASTER, AK-1133,
Plaintiff(s),

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vs.
NURSE PRUITT, et al.,
Defendant(s).

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No. C 13-1581 CRB (PR)
ORDER
(Docket #9)

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Plaintiff’s letter filed on September 12, 2013 is construed as a motion for

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reconsideration of the court’s August 12, 2013 order of dismissal and is

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DENIED. Despite plaintiff’s citing of earlier cases to the contrary, it is now well

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established that even when a prisoner seeks relief not available in grievance

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proceedings, notably money damages, exhaustion is a prerequisite to suit. See

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Porter v. Nussle, 534 U.S. 516, 524 (2002); Booth v. Churner, 532 U.S. 731, 741

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(2001).

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SO ORDERED.

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DATED: Sept. 13, 2013
CHARLES R. BREYER
United States District Judge

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