Rollings v. Harrington
Filing
17
ORDER Denying Plaintiff's Motion To Stay Case Pending Exhaustion, And Granting Plaintiff A Thirty-Day Extension Of Time To File An Opposition Or A Statement Of Non-Opposition To Defendant's Motion To Dismiss (Doc. 16 ), signed by Magistrate Judge Sheila K. Oberto on 6/15/2011. (Fahrney, E)
<![CDATA[
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
ALFRED ROLLINGS,
10
Plaintiff,
11
12
CASE NO. 1:09-cv-01541-SKO PC
ORDER DENYING PLAINTIFF’S MOTION
TO STAY CASE PENDING EXHAUSTION,
AND GRANTING PLAINTIFF A THIRTYDAY EXTENSION OF TIME TO FILE AN
OPPOSITION OR A STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION
TO DISMISS
v.
WARDEN HARRINGTON,
13
Defendant.
14
(Doc. 16)
15
/
16
Plaintiff Alfred Rollings, a state prisoner proceeding pro se and in forma pauperis, filed this
17
civil rights action pursuant to 42 U.S.C. § 1983 on August 31, 2009. This action is proceeding
18
against Defendant Harrington for allegedly exposing Plaintiff to contaminated water, in violation of
19
the Eighth Amendment. Defendant filed a motion to dismiss for failure to exhaust on May 9, 2011.
20
42 U.S.C. § 1997e(a); Fed. R. Civ. P. 12(b). On June 10, 2011, Plaintiff filed a motion seeking to
21
stay this action pending exhaustion.
22
Exhaustion must occur prior to filing suit and unexhausted claims filed prematurely must be
23
dismissed. Jones v. Bock, 549 U.S. 199, 211, 127 S.Ct. 910, 918-19 (2007); McKinney v. Carey,
24
311 F.3d 1198, 1199-1201 (9th Cir. 2002). Therefore, the Court cannot stay this action pending
25
exhaustion and Plaintiff’s motion for a stay is DENIED.
26
///
27
///
28
1
1
In the event that Plaintiff wishes to file an opposition or a statement of non-opposition to
2
Defendant’s motion in light of this order, Plaintiff SHALL do so within thirty (30) days from the
3
date of service of this order.
4
5
IT IS SO ORDERED.
6
Dated:
ie14hj
June 15, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
