Williams -v- Mack
ORDER by Judge Ronald M. Whyte Denying 19 Without Prejudice Motion to Dismiss. (jgS, COURT STAFF) (Filed on 3/26/2014)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JAMES EDWARD WILLIAMS,
DR. R. MACK,
No. C 12-5687 RMW (PR)
ORDER DENYING WITHOUT
MOTION TO DISMISS
(Docket No. 19.)
Plaintiff, a former inmate at Salinas Valley State Prison, proceeding pro se, filed a civil
rights complaint pursuant to 42 U.S.C. § 1983, alleging that defendant was deliberately
indifferent to his serious medical needs. Defendant has moved to dismiss this action for failure
to exhaust. Defendant’s motion is DENIED without prejudice to refiling the motion within
fourteen days of the filing date of this order, accompanied by proof of service upon plaintiff of
the notice and warning regarding motions to dismiss for exhaustion as required by Woods v.
Carey, 684 F.3d 934, 938-40 (9th Cir. 2012). Plaintiff shall file his opposition within twenty23
eight days. Defendant shall file a reply fourteen days thereafter.
IT IS SO ORDERED.
RONALD M. WHYTE
United States District Judge
Order Denying without Prejudice Defendant’s Motion to Dismiss
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JAMES EDWARD WILLIAM et al,
Case Number: CV12-05687 RMW
CERTIFICATE OF SERVICE
DR. MACK, ET AL. et al,
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on March 26, 2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
James Edward Williams V-54214
Kern Valley State Prison
P.O. Box 5104
Delano, CA 93216
Dated: March 26, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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