Hernandez v. Yates et al

Filing 55

ORDER Granting 54 Defendants' Request to Stay Obligation to Oppose Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Stanley A. Boone on 5/14/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY HERNANDEZ,

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Plaintiff,

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v.
M. MARTINEZ, et al.,

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Defendant.

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ORDER GRANTING DEFENDANTS’ REQUEST
TO STAY OBLIGATION TO OPPOSE
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT
[ECF No. 54]

pursuant to 42 U.S.C. § 1983.
On May 13, 2015, Plaintiff filed a motion to stay the obligation to oppose Plaintiff’s motion for

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Case No.: 1:10-cv-01064-LJO-SAB (PC)

Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action

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summary judgment. (ECF No. 54.)
Pursuant to the Court’s February 5, 2015, discovery and scheduling order, Defendant filed a

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motion for summary judgment for failure to exhaust the administrative remedies on May 5, 2015.

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Prior to Defendant’s filing, Plaintiff filed a motion for summary judgment on April 22, 2015. (ECF

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No. 49.) Defendant requests that because no substantive discovery has been conducted in this matter

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and a motion for summary judgment for failure to exhaust the administrative remedies is pending, he

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be relieved of the obligation to file an opposition to Plaintiff’s motion for summary judgment.

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Good cause having been presented to the Court, it is HEREBY ORDERED that Defendant is

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relieved of the obligation to file an opposition to Plaintiff’s motion for summary judgment until

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ordered to do so by the Court.

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IT IS SO ORDERED.

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Dated:

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May 14, 2015
UNITED STATES MAGISTRATE JUDGE

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