UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 21, 2009
RAFAEL LOPEZ, PLAINTIFF,
DERRAL G. ADAMS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING DEFENDANTS LEAVE TO FILE REPLY TO PLAINTIFF'S OPPOSITION WITHIN FIVE DAYS
(Docs. 21 & 25)
Rafael Lopez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This is proceeding on Plaintiff's complaint, filed June 1, 2007, against defendants Masiel, Flowerdew, and Davis ("Defendants") for violation of Plaintiff's rights under the Eighth Amendment. On June 16, 2008, pursuant to the unenumerated portion of Rule 12(b), Defendants filed a motion to dismiss for failure to exhaust available administrative remedies.*fn1 (Doc. 25.)
On April 28, 2008, Plaintiff filed a document entitled "Amendments Motion for Judgment," discussing exhaustion of administrative remedies. (Doc. 21.) The Court shall treat Plaintiff's April 28, 2008 filing as an opposition to Defendants' motion to dismiss.
Accordingly, the Court HEREBY GRANTS Defendants leave to file a reply to Plaintiff's opposition within five days from the date of service of this order.
IT IS SO ORDERED.