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Pettus v. United States Bureau of Prisons

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


February 16, 2010

NAKIA PETTUS, PLAINTIFF,
v.
UNITED STATES BUREAU OF PRISONS, ET AL., DEFENDANT(S).

The opinion of the court was delivered by: Charles R. Breyer United States District Judge

ORDER DENYING MOTION TO DISMISS

Now pending before the Court is Defendant D. Smith's Motion to Dismiss Plaintiff's claims for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). In response to this Court's Order of November 18, 2009, Plaintiff has filed a Supplemental Brief in which he asserts that he was "deprived informally [sic] and formal review of grievance forms at all stages by [prison] administrative personnel." Supp. at 3.

The Court finds that Plaintiff has sufficiently alleged that he availed himself of the Bureau of Prisons grievance process. Accordingly, the motion to dismiss for failure to exhaust is DENIED..

IT IS SO ORDERED.

20100216

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