Saunders v. Fairman, et al

Filing 147

ORDER Denying Stay of Proceedings 146 and Modifying Scheduling Order, signed by Magistrate Judge Dennis L. Beck on 3/31/11. (Verduzco, M)

(PC) Saunders v. Fairman, et al

Doc. 147

1 2 3 4 5 6 7 8 9 JASON SAUNDERS, 10 Plaintiff, 11 v. 12 J. W. FAIRMAN, et al., 13 Defendants. 14 / 15 16 Plaintiff Jason Saunders ("Plaintiff") is a California state prisoner proceeding pro se in Discovery cut-off date: June 1, 2011 (DOC. 146) ORDER DENYING STAY OF PROCEEDINGS AND MODIFYING SCHEDULING ORDER CASE NO. 1:02-CV-05806-OWW-DLB PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

17 this civil rights action pursuant to 42 U.S.C. § 1983. The Court had set a deadline of March 14, 18 2011 for the filing of any discovery requests. Order, Doc. 145. On March 10, 2011, Plaintiff 19 filed a motion requesting a stay of the proceedings. Doc. 146. Plaintiff contends that his legal 20 property has been confiscated yet again. Plaintiff contends that he is unable to comply with the 21 Court's order through no fault of his own. 22 The Court does not find good cause to stay these proceedings. A review of the Court

23 docket indicates that Defendants' motion for summary judgment has been pending adjudication 24 since July 10, 2009. Discovery has yet to be completed in this action, as numerous modifications 25 have been granted past the Court's original discovery cut-off date of June 6, 2010. A stay of the 26 proceedings is unnecessary, as Plaintiff has had time to conduct discovery, despite several 27 occasions on which his legal property has been confiscated. However, the Court will modify the 28 schedule to provide Plaintiff a final opportunity to complete discovery in this action. 1
Dockets.Justia.com

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Accordingly, it is HEREBY ORDERED that the discovery cut-off date, including the

2 filing of any motions to compel, is June 1, 2011. The responding party is to serve a response to 3 the propounding party's discovery request within thirty (30) days from the date of service of the 4 request. No further extensions of time or schedule modification regarding discovery will be 5 granted. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a

March 31, 2011

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE