K'napp v. Adams et al
Filing
77
ORDER granting 74 Motion for leave to file supplemental objections signed by Magistrate Judge Gary S. Austin on 6/16/2011. (Filing Deadline: 7/19/2011). (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ERIC CHARLES RODNEY K'NAPP,
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Plaintiff,
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vs.
D. G. ADAMS, et al.,
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Defendants.
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1:06-cv-01701-LJO-GSA-PC
ORDER GRANTING PLAINTIFF'S
REQUEST FOR LEAVE TO FILE
SUPPLEMENTAL OBJECTIONS
(Doc. 74.)
__________________________________/
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THIRTY DAY DEADLINE
Eric Charles Rodney K'napp (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 22, 2006. (Doc.
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1.) On February 19, 2020, Defendants filed a motion to dismiss this action for Plaintiff's failure to
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exhaust administrative remedies before filing suit.1 (Docs. 40, 43, 57.) On August 23, 2010, the
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Court issued findings and recommendations to grant Defendants' motion. (Doc. 51.) On March 2,
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2011, Plaintiff filed objections to the findings and recommendations. (Doc. 67.) On March 8, 2011,
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the Court issued an order requiring Defendants to respond to Plaintiff's objections. (Doc. 68.) On
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May 9, 2011, Defendants filed a response to Plaintiff's objections. (Doc. 73.) On May 18, 2011,
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Plaintiff filed a motion for leave to file supplemental objections. (Doc. 74.) Defendants have not
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On February 19, 2010, defendants Adams, Selvy, Mott, Cuevas, Sherman, Hall, Pugliese, and Smith filed a motion
to dismiss for failure to exhaust. (Doc. 40.) On M arch 22, 2010, defendants Johnson and Cooper joined the motion to
dismiss. (Doc. 43.) On October 14, 2010, defendant Tucker joined the motion to dismiss. (Doc. 57.)
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filed any response to Plaintiff's motion. Plaintiff's motion for leave to file supplemental objections is
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now before the Court.
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Plaintiff seeks leave to file supplemental objections to the Court's findings and
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recommendations of August 23, 2010, to include reference to the Ninth Circuit's opinion in Sapp v.
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Kimbrell, 623 F.3d 813 (9th Cir. 2010), which Plaintiff maintains is relevant to his exhaustion of
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administrative remedies in this action. Plaintiff asserts that the legal research computers in the law
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library at the prison were updated sometime after the Court ordered Defendants to reply to Plaintiff's
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objections, and Plaintiff then discovered the Ninth Circuit case.
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Good cause having been presented to the Court, and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:
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1.
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Plaintiff's request for leave to file supplemental objections, filed on May 18, 2011, is
GRANTED; and
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2.
Plaintiff is granted leave to file supplemental objections to the Magistrate Judge's
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findings and recommendations of August 23, 2010, within thirty days from the date of
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service of this order.
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IT IS SO ORDERED.
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Dated:
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June 16, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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