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Cruz v. Woodford

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 12, 2008

RICARDO CRUZ, PLAINTIFF,
v.
J. WOODFORD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

The parties are directed to file simultaneous briefs, on or before October 3, 2008, consisting of no more than ten pages, discussing the applicability of Ngo v. Woodford, No. 03-16042, 2008 U.S. App. LEXIS 17819 (9th Cir. August 21, 2008), if any, to the question whether Plaintiff failed to exhaust his administrative remedies by failing to file an appeal from the adverse administrative decision within fifteen days.

The parties should also discuss whether the fifteen day limitation is tolled if an inmate informed the appropriate prison official that his appeal was untimely because he did not receive documents he allegedly requested prior to the date the time to file a timely appeal lapsed.

20080912

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