Todd v. CA Dept. of Corrections & Rehabilitation, et al.

Filing 57

ORDER for Status Regarding Defendant Dill and Pending Summary Judgment Motion, signed by Magistrate Judge Gerald B. Cohn on 11/14/2011. Response due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL ANDRE TODD,

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CASE NO. 1:08-cv-01504-GBC (PC)

Plaintiff,

REQUEST FOR STATUS REGARDING
DEFENDANT DILL AND PENDING
SUMMARY JUDGMENT MOTION

v.
ANTHONY L. HEDGPETH, et al.,

(Docs. 47, 54)

Defendants.
THIRTY DAY DEADLINE

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Plaintiff Michael Andre Todd (“Plaintiff”), is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on October

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6, 2008. Doc. 1. The Court screened Plaintiff’s original complaint pursuant to 28 U.S.C. § 1915A,

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and found that it stated cognizable claims against defendants: 1) Dill; 2) Keldgord; 3) Hedgpeth; and

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4) Lopez (“Defendants”) for deliberate indifference to Plaintiff’s serious medical needs in violation

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of the Eighth Amendment. Docs. 13, 15, 16. Plaintiff gave notice to the Court of his willingness

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to proceed on the cognizable claims found in the original complaint. Doc. 14.

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On August 26, 2010, the United States Marshal returned the summons and USM-285 form

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for Defendant Dill, unexecuted. The Marshal attempted to secure a waiver of service and then

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attempted personal service, but was unsuccessful. On January 20, 2011, the Court ordered the

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United States Marshal to re-attempt service on Defendant Dill. Doc. 46. On March 15, 2011, the

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three served defendants (Keldgord, Hedgpeth and Lopez) filed a motion for summary judgment.

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Doc. 47. On May 16, 2011, Defendant Dill answered Plaintiff’s civil rights complaint and the same
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attorney for the initial defendants was added to represent Defendant Dill. (Doc. 54).

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A discovery and scheduling order has not been issued to Defendant Dill. The Court requests

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that within THIRTY (30) days of service of this order, the attorney for the Defendants file a status

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report about indicating how much time is needed for Defendant Dill with respect to deadlines for

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discovery, unenumerated 12(b) motion and dispositive motions. Additionally, the Court requests

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that within THIRTY (30) days of service of this order, Defendants’ attorney file a notice regarding

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whether Defendants wish to withdraw and refile the motion for summary judgment to include

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Defendant Dill.

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IT IS SO ORDERED.

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Dated:
0jh02o

November 14, 2011
UNITED STATES MAGISTRATE JUDGE

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