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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD WILLIAMS, Plaintiff, 12 13 14 v. DR. R. MACK, 15 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 12-5687 RMW (PR) ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS (Docket No. 19.) 16 Plaintiff, a former inmate at Salinas Valley State Prison, proceeding pro se, filed a civil 17 rights complaint pursuant to 42 U.S.C. § 1983, alleging that defendant was deliberately 18 indifferent to his serious medical needs. Defendant has moved to dismiss this action for failure 19 to exhaust. Defendant’s motion is DENIED without prejudice to refiling the motion within 20 fourteen days of the filing date of this order, accompanied by proof of service upon plaintiff of 21 the notice and warning regarding motions to dismiss for exhaustion as required by Woods v. 22 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. 24 IT IS SO ORDERED. 25 DATED: 26 RONALD M. WHYTE United States District Judge 27 28 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. / 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

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