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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 DAVID GARRIS, Case No. 1:25-cv-00604-HBK
12 Plaintiff, ORDER STRIKING PREMATURE FILING
13 v. (Doc. 36)
14 M. VELASQUEZ, et al.,
15 Defendants.
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18 On June 29, 2026, Plaintiff filed documents as “proof” that he completed the prison
19 grievance (602) process. (Doc. 36). From what the Court can tell, Plaintiff is trying to file an
20 early, or pre-emptive, opposition to a future summary judgment motion about exhaustion that
21 Defendants might file.
22 Exhaustion is an affirmative defense, which means Defendants, not Plaintiff, must raise it
23 and prove it. Jones v. Bock, 549 U.S. 199, 212-18 (2007). Under the Case Management and
24 Scheduling Order, Defendants’ deadline to file a motion for summary judgment based on
25 exhaustion, if they choose to do so, is July 9, 2026. (See Doc. 35 at 3:16).
26 Because of this schedule, Plaintiff’s filing of “proof” of exhaustion is premature and will
27 be stricken. If Defendants later file a summary judgment motion based on exhaustion, Plaintiff
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1 | will then have a chance to respond and submit any evidence showing he exhausted his remedies.
2 Accordingly, IT IS ORDERED:
3 The Clerk of Court shall STRIKE Plaintiff's premature exhaustion documents
4 | (Doc. 36).
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° | Dated: _ July 2. 2026 Mihaw. □□ fareh Hack
7 HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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