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COOPER v. HEATLEY

No. 2:12-cv-00602 KJM DAD P.

GOLDYN COOPER, Plaintiff, v. SCOTT HEATLEY, et al., Defendants.

United States District Court, E.D. California.

May 21, 2014.

Attorney(s) appearing for the Case

Goldyn Cooper, Plaintiff, Pro Se.

Scott Heatley, Defendant, represented by Kenny Khoa Vu Nguyen , Office of the Attorney General.

Terru Weinholdt, Defendant, represented by Kenny Khoa Vu Nguyen , Office of the Attorney General.

ORDER

DALE A. DROZD, Magistrate Judge.

On March 5, 2014, defendants filed a motion to dismiss on the grounds that this court lacks subject matter jurisdiction over this action because plaintiff failed to exhaust his administrative remedies prior to filing suit as required. On April 3, 2014, the United States Court of Appeals for the Ninth Circuit overruled its prior decision in Wyatt v. Terhune, 315 F.3d 1108

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