(PC) Parthemore v. Martel et al, No. 2:2009cv02330 - Document 47 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge John F. Moulds on 10/5/10 ORDERING that the 43 findings and recommendations are VACATED; w/in 30 days, the parties shall file supplemental briefs; and dfts to take all steps necessary to ensure that pltf timely recieves a copy of the decisions referred to in paragraph 2 of this order. (Yin, K)
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(PC) Parthemore v. Martel et al Doc. 47 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 IRA DON PARTHEMORE, Plaintiff, 10 11 12 13 14 15 No. 2:09-cv-2330 JFM (PC) vs. M. MARTEL, et al., Defendants. ORDER / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 16 42 U.S.C. § 1983. On August 25, 2010, this court issued findings and recommendations 17 recommending that defendants’ motion to dismiss this action be granted and that this action be 18 dismissed for failure to exhaust administrative remedies prior to suit, as required by 42 U.S.C. § 19 1997e(a). Since that time, the United States Court of Appeals for the Ninth Circuit has issued 20 two opinions which may bear on issues raised in defendants’ motion. Accordingly, good cause 21 appearing, the findings and recommendations filed August 25, 2010 will be vacated. The parties 22 will be directed to brief the application of Rhodes v. Robinson, 23 (9th Cir. Sept. 8, 2010) and Sapp v. Kimbrell, 24 2010) to the issues raised in defendants’ motion. Defendants shall take all steps necessary to 25 ensure that plaintiff timely receives a copy of the foregoing decisions. 26 F.3d , 2010 WL 3489777 F.3d , 2010 WL 3733581 (9th Cir. Sept. 27, In accordance with the above, IT IS HEREBY ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 25, 2010 are vacated; 2 2. Within thirty days from the date of this order the parties shall file supplemental 3 briefs addressing the application of Rhodes v. Robinson, 4 Sept. 8, 2010) and Sapp v. Kimbrell, 5 the issues raised in defendants’ motion; and 6 F.3d , 2010 WL 3489777 (9th Cir. F.3d , 2010 WL 3733581 (9th Cir. Sept. 27, 2010) to 3. Defendants shall take all steps necessary to ensure that plaintiff timely receives 7 a copy of the decisions referred to in paragraph 2 of this order. 8 DATED: October 5, 2010. 9 10 11 12 13 12 part2330.vac 14 15 16 17 18 19 20 21 22 23 24 25 26 2