Fuller v. Maryowi et al

Filing 77

ORDER Granting 69 Motion for Leave to File Amended Answer by Judge Ronald M. Whyte. The Clerk shall file Exhibit C of Docket 69 as the Amended Answer. (jg, COURT STAFF) (Filed on 4/21/2011)

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*E-FILED - 4/21/11*

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH ADRIAN FULLER,

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Plaintiff,
v.
WILLIAM MARYOWI, et al.,
Defendants.

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No. C 10-2546 RMW (PR)
ORDER GRANTING MOTION
FOR LEAVE TO FILE
AMENDED ANSWER
(Docket Nos. 60, 65, 69)

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Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42

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U.S.C. § 1983. On January 31, 2011, defendants Hudson, Frei, Dalley, and McGuiness filed a

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dispositive motion, as directed by the court. Plaintiff filed his opposition on February 28, 2011.

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On March 1, 2011, defendants Hudson, Frei, Dalley, and McGuiness filed a motion for leave to

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file an amended answer, asserting that they wished to plead the affirmative defense of a failure to

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exhaust. There is no apparent prejudice to plaintiff. Defendants’ motion is GRANTED. See

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Fed. R. Civ. P. 15(a)(2). The Clerk shall file Exhibit C (docket no. 69) as the amended answer

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for defendants Hudson, Frei, Dalley, and McGuiness.

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On March 31, 2011, defendants Dipman, Ortiz, and Shanahan filed a motion for

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summary judgment. That same day, defendants Hudson, Frei, Dalley, and McGuiness filed an

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amended motion for summary judgment and motion to dismiss. A review of the motion

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demonstrates that the defendants included their argument regarding exhaustion in this motion. In
Order Granting Motion for Leave to File Amended Answer
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light of the newly filed amended answer and amended motion for summary judgment and motion

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to dismiss, the court vacates defendants’ original dispositive motion, filed on January 31, 2011.

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(Docket No. 60.) Plaintiff is directed to file his opposition to both motions within thirty (30)

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days of the filing date of this order.

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This order terminates docket numbers 60, 65, and 69.

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IT IS SO ORDERED.

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DATED:

4/21/11
RONALD M. WHYTE
United States District Judge

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Order of Partial Dismissal; Order of Service; Directing Defendants to File Dispositive Motion or Notice Regarding
Such Motion
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