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Martin v. Evans

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Jan 25, 2012
NO. C 08-04067 JW (N.D. Cal. Jan. 25, 2012)

Opinion

NO. C 08-04067 JW

01-25-2012

Russell Martin, Plaintiff, v. M. S. Evans, et al., Defendants.


ORDER REQUIRING SUPPLEMENTAL EVIDENCE

Presently before the Court is Plaintiff's Motion for an Order Compelling Defendants to Reply to Plaintiff's Complaint. In their Opposition to the Motion, Defendants contend that the Motion is "premature . . . because [Plaintiff] did not exhaust administrative remedies for at least one of his two claims." However, Defendants offer no evidence in support of this contention.

(Plaintiff Russell Martin's Notice of Motion and Motion for an Order Compelling Defendants to Reply to Plaintiff's Complaint; Memorandum of Points and Authorities in Support, hereafter, "Motion," Docket Item No. 59.)

(Defendants' Response to Plaintiff's Motion to Compel a Reply to the Complaint at 2, Docket Item No. 60.)
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The Court finds that it would benefit from supplemental evidence as to this issue. Accordingly, on or before January 27, 2012, Plaintiff shall file evidence showing that he exhausted administrative remedies for his claims.

______________

JAMES WARE

United States District Chief Judge

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

Adam Charles Wright awright@nixonpeabody.com

Jose Alfonso Zelidon-Zepeda Jose.ZelidonZepeda@doj.ca.gov

Matthew J. Frankel mfrankel@nixonpeabody.com

Seth Lewis Neulight sneulight@nixonpeabody.com

Richard W. Wieking, Clerk

By: __________

Susan Imbriani

Courtroom Deputy


Summaries of

Martin v. Evans

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Jan 25, 2012
NO. C 08-04067 JW (N.D. Cal. Jan. 25, 2012)
Case details for

Martin v. Evans

Case Details

Full title:Russell Martin, Plaintiff, v. M. S. Evans, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Jan 25, 2012

Citations

NO. C 08-04067 JW (N.D. Cal. Jan. 25, 2012)