Irvin

ORDER CONSTRUING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS A MOTION TO DISMISS AND ORDER DENYING MOTION TO DISMISS [Doc. No. 50]

Plaintiff Steven Derrick Irvin, a state prisoner proceeding pro se and in forma pauperis, filed a Complaint pursuant to Title 42, United States Code, section 1983 , against officials at Calipatria State Prison (“Calipatria”). Before the Court is defendants’ Motion for Summary Judgment, as well as plaintiffs Opposition thereto, and defendants’ Reply. In their Motion, defendants seek an order granting summary judgment in favor of defendants Pyle, Al-sip, and Fox on the ground that plaintiff failed to exhaust administrative remedies as to his claims against these defendants. For the reasons outlined below, defendants’ Motion for Summary Judgment will be construed as a nonenumerated Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12 and will be DENIED.

Procedural History

On February 25, 2000, defendants filed a Motion to Dismiss seeking dismissal on a number of grounds, one of which was that all causes of action in plaintiffs original Complaint should be dismissed for failure to exhaust administrative remedies. At that time, controlling law…