Carr v. Cate et al

Filing 85

ORDER Setting Briefing Schedule Following Remand From the United States Court of Courts for the Ninth Circuit, signed by Magistrate Judge Stanley A. Boone on 1/27/2015. Motions, if any, shall be filed within sixty (60) days. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ORRIN CARR,

12

Plaintiff,

13

v.

14

MATTHEW CATE, et al.,

15

Defendants.

16

Case No.: 1:08-cv-01931-LJO-SAB (PC)
ORDER SETTING BRIEFING SCHEDULE
FOLLOWING REMAND FROM THE UNITED
STATES COURT OF COURTS FOR THE NINTH
CIRCUIT
[ECF Nos. 82, 84]

Plaintiff Orrin Carr is appearing pro se and in forma pauperis in this civil rights action pursuant

17
18

)
)
)
)
)
)
)
)
)
)

to 42 U.S.C. § 1983.
On December 3, 2014, the United States Court of Appeals for the Ninth Circuit reversed and

19
20

remanded the action. The Court disagreed with the grant of summary judgment in favor of Defendants

21

and found that Plaintiff “was not on notice that his conduct violated Cal. Code Regs. Tit. 15, § 3013,

22

therefore, the prison violated [Plaintiff’s] due process rights.” (ECF No. 82, Order at 2.) The action

23

was reversed and remanded for further proceedings.1 Id.
Pursuant to the ruling by the Ninth Circuit, the Court will hereby set a briefing scheduling.

24
25

Accordingly, IT IS HEREBY ORDERED that:

26
27
28

1

The mandate issued January 8, 2014. (ECF No. 84.)

1

1. Within sixty (60) days from the date of service of this order, Defendants may file any

1

motions related to the case, including a dispositive motion;

2

2. Within thirty (30) days from the date that Defendants file a motion, Plaintiff may file an

3

opposition to said motion; and

4

3. If no motions are filed, then the Court will be set the matter for further proceedings or an

5

order will issue addressing future proceedings, including trial setting.

6
7
8

IT IS SO ORDERED.

9

Dated:

10

January 27, 2015
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2