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Green v. Chamberlain, 2:19-CV-0109-WBS-DMC-P. (2020)

Court: District Court, E.D. California Number: infdco20200123947 Visitors: 17
Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: ORDER DENNIS M. COTA , Magistrate Judge . Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's motion (ECF No. 24) for a court order allowing various exhibits to be used as proof of exhaustion of administrative remedies. Because defendant has not raised failure to exhaust as an affirmative defense, plaintiff's motion is denied without prejudice to submission of evidence establishing exhaustion should
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ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion (ECF No. 24) for a court order allowing various exhibits to be used as proof of exhaustion of administrative remedies. Because defendant has not raised failure to exhaust as an affirmative defense, plaintiff's motion is denied without prejudice to submission of evidence establishing exhaustion should defendant raise such a defense.

IT IS SO ORDERED.

Source:  Leagle

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