WALKER v. CATE

Full title: DENNIS WALKER, Plaintiff, v. MATTHEW CATE, et al., Defendants

Court: United States District Court, E.D. California

Date published: May 3, 2011

No. 2:10-cv-1093 GEB KJN P (E.D. Cal. May. 3, 2011)

Opinion

No. 2:10-cv-1093 GEB KJN P.

May 3, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Plaintiff, a state prisoner proceeding without counsel in this civil rights action, has filed a motion to submit newly acquired evidence responsive to defendants' pending motion to dismiss, filed January 18, 2011. Plaintiff's new evidence appears relevant to defendants' principal contention that plaintiff's action should be dismissed for failure to exhaust his administrative remedies. Accordingly, plaintiff's motion (Dkt. No. 17) is granted. Defendants shall file a supplemental reply within ten days after the filing date of this order.

SO ORDERED.

DATED: May 2, 2011