Cantu v. Garcia et al

Filing 97

ORDER DIRECTING Parties to File Status Report Regarding Discovery, signed by Magistrate Judge Dennis L. Beck on 3/5/14: Twenty-One Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA J. CANTU,

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Plaintiff,
vs.
M. GARCIA, et al.,
Defendants.

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1:09cv00177 AWI DLB PC
ORDER DIRECTING PARTIES TO
FILE STATUS REPORT
REGARDING DISCOVERY
TWENTY-ONE DAY DEADLINE

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Plaintiff Joshua J. Cantu (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983.

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On September 6, 2011, the Court found a cognizable Eighth Amendment claim against
Defendant Garcia. Defendant Garcia filed an answer on December 20, 2011, and the Court
issued a Discovery and Scheduling Order on January 3, 2012.

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On May 20, 2013, the Court granted Plaintiff leave to file a Second Amended Complaint
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identifying three Doe Defendants (Defendants Gorgee, Baptiste and Williams). The Court
ordered service for the three new Defendants on July 25, 2013.

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Defendants Garcia and Defendant Gorgee filed an answer to the Second Amended
Complaint on February 24, 2014. There is no indication that Defendants Baptiste or Williams
have been served.

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The dates in the January 3, 2012, discovery order have now expired.

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The Court notes that discovery had been opened for almost five months at the time
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Plaintiff filed the Second Amended Complaint. The Court also notes that all Defendants were
part of the same incident.
Therefore, the parties are DIRECTED to file a status report within twenty-one (21) days.

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The status report shall address what, if any, additional discovery is necessary.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

March 5, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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