Williams -v- Mack

Filing 25

ORDER by Judge Ronald M. Whyte Denying 19 Without Prejudice Motion to Dismiss. (jgS, COURT STAFF) (Filed on 3/26/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES EDWARD WILLIAMS,
Plaintiff,

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v.
DR. R. MACK,

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Defendant.

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No. C 12-5687 RMW (PR)
ORDER DENYING WITHOUT
PREJUDICE DEFENDANT’S
MOTION TO DISMISS
(Docket No. 19.)

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Plaintiff, a former inmate at Salinas Valley State Prison, proceeding pro se, filed a civil
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rights complaint pursuant to 42 U.S.C. § 1983, alleging that defendant was deliberately
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indifferent to his serious medical needs. Defendant has moved to dismiss this action for failure
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to exhaust. Defendant’s motion is DENIED without prejudice to refiling the motion within
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fourteen days of the filing date of this order, accompanied by proof of service upon plaintiff of
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the notice and warning regarding motions to dismiss for exhaustion as required by Woods v.
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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.
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IT IS SO ORDERED.
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DATED:
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RONALD M. WHYTE
United States District Judge

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Order Denying without Prejudice Defendant’s Motion to Dismiss
P:\PRO-SE\RMW\CR.12\Williams687mtdexhwoods.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JAMES EDWARD WILLIAM et al,

Case Number: CV12-05687 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
DR. MACK, ET AL. et al,
Defendant.

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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
D-1-222
P.O. Box 5104
Delano, CA 93216
Dated: March 26, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk