McCullom V. Whent, et al.

Filing 56

ORDER DENYING MOTION TO DISMISS by Hon. Thelton E. Henderson denying 54 Motion to Dismiss. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 1/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN LEE McCULLOM,

Case No.

15-cv-5718-TEH

Plaintiff,
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ORDER DENYING MOTION TO
DISMISS

v.
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SEAN WHENT, et. al.,
Defendants.

Dkt No. 54

United States District Court
Northern District of California

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Defendants filed a motion for summary judgment on August 18,

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2016.

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opposition was to be filed by December 18, 2016.

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not file an opposition but did file a motion to dismiss without

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prejudice because he failed to exhaust.

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Plaintiff has been granted several extensions and his
Plaintiff did

Defendants’ motion for summary judgment does not raise

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exhaustion, rather discusses the merits of Plaintiff’s claim

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regarding tampering with his mail and denial of access to the

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courts.

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summary judgment and have not stipulated to the dismissal,

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Plaintiff’s motion to dismiss without prejudice (Docket No. 54)

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is DENIED.

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Because Defendants’ have already filed a motion for

See Fed. R. C. P. 41(a)(1)(A).

Plaintiff has already had more than four and a half months

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to file an opposition.

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and must file the opposition by January 18, 2017.

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extensions will be provided and failure to file an opposition may

He will be provided one final extension
No further

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result in the dismissal of this action.
IT IS SO ORDERED.
Dated: 1/4/2017

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________________________
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.15\McCullom5718.ext2.docx

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United States District Court
Northern District of California

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