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Robert E Barrett v. Matthew Cate

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


October 5, 2011

ROBERT E BARRETT,
PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER TO DEFENDANTS TO FILE

DOCUMENTS

On May 10, 2011, Defendants filed their motion to dismiss related to their position that Plaintiff has failed to exhaust his administrative remedies.. (Doc. 32) In opposition, Plaintiff asserted that certain grievances had been improperly screened out. (Doc. 36 at 3-4) Plaintiff's documents indicate that the grievance (Tracking # IA-25-2010-10284) was "screened out" because it was a duplicate of others, namely IA-25-09-12333, LAC-C-09-00914, LAC-C-09-01209, LAC-25-09-14016, LAC-C-09-01250. Id. at 54. Of these, only the documents related to LAC-C-09-00914 were provided by Defendant.

To fully evaluate the claim that Plaintiff's grievance was improperly screened out, Defendants are ORDERED to file the grievances and responses in IA-25-09-12333, LAC-C-09-01209, LAC-25-09-14016 and LAC-C-09-01250 within 14 days of the date of this order.

IT IS SO ORDERED.

20111005

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