Putnam v. Kulongowski et al

Filing 35

ORDER. Plaintiff shall file a response to defendants' motion, to the extent it alleges the failure to exhaust administrative remedies, on or before September 8, 2009. IT IS FURTHER ORDERED that plaintiff's motion for a 90-day extension of time to respond to defendants' motion for summary judgment (#34) is DENIED AS MOOT. IT IS SO ORDERED. Signed on 08/04/09 by Judge Garr M. King. (pvh)

IN THE UNITED STATES D I S T R I C T COURT FOR THE D I S T R I C T OF OREGON GLEN ALAN PUTNAM, Plaintiff,
CV.

08-486-KI

v.
THEODORE KULONGOSKI, e t a l . , Defendants. KING, J u d g e

PRO SE PRISONER ADVICE ORDER

The defendants have f i l e d a motion for summary judgment based upon several grounds. dismiss based upon To the extent t h a t plaintiff's I am failure d e f e n d a n t s move to the exhaust motion 12 (b) to of to his an the

administrative

remedies,

converting

unenumerated motion to dismiss pursuant Federal Rules of Civil Procedure. Plaintiff is advised that I

to Rule

intend to rule on the single

ground that you have not exhausted your administrative remedies. The motion w i l l , i f granted, end your case. 1 If the motion is denied, plaintiff will be ordered to respond to the remaining grounds raised in defendants' motion for summary judgment. 1 - - PRO SE PRISONER ADVICE ORDER

When a failure to

party you are suing makes a motion to dismiss for exhaust, (or and that sworn motion is properly supported by you

declarations

other

testimony)

andlor documents,

cannot simply rely on what your complaint says. set out specific facts in declarations,

Instead, you must answers to

depositions,

i n t e r r o g a t o r i e s , or documents, t h a t contradict the f a c t s shown i n the defendant's declarations and documents and show t h a t you have in fact exhausted your claims. I f you do not submit your own

evidence in opposition, and the defendant's evidence establishes that you did not exhaust your administrative remedies, the motion to dismiss will be granted, your case will be dismissed, and there will be no t r i a l . CONCLUSION Plaintiff shall file a response to defendants' motion, to the extent i t alleges the failure to exhaust administrative remedies, on or before September S, 2009. 11 days t h e r e a f t e r . Defendants may f i l e a reply within

Defendants r motion (#26), to the extent that

i t pertains to the exhaustion of administrative remedies, shall be taken under advisement on September 21, 2009.

III III III III III
2 - - PRO SE PRISONER ADVICE ORDER

IT I S FURTHER ORDERED t h a t p l a i n t i f f ' s m o t i o n f o r a 9 0 - d a y extension of time to respond to defendants' j u d g m e n t {#34} i s DENIED AS MOOT. motion for summary if plaintiff

As noted above,

demonstrates that he exhausted his administrative remedies, he will then be given additional time to respond to defendants' remaining arguments i n support of summary judgment. I T I S SO ORDERED. DATED t h i s

~

day of August, 2009.

G a r r M. K i n g United States District

3 - - PRO SE PRISONER ADVICE ORDER