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Dennis Walker v. Matthew Cate

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


May 2, 2011

DENNIS WALKER, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

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.

walk1093.new.evid.

20110502

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