Smith v. Allison et al

Filing 86

ORDER STAYING DISCOVERY re 79 signed by Magistrate Judge Jennifer L. Thurston on 8/20/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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v.

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Case No.: 1:10-cv-01814-LJO-JLT (PC)
ORDER STAYING DISCOVERY

D. GOSS, et al.,

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(Doc. 79)

Defendants.

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Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on the

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following cognizable claims in the Third Amended Complaint: under the First Amendment for

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retaliation against Defendants Lt. Goss, Lt. Gallagher, and Officer Langler; under the Eighth

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Amendment for deliberate indifference to his serious medical condition against PA Byers and Lt.

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Gallagher; and for his claim of a violation of his right to due process against Lt. Goss. (Docs. 31, 42,

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47.)

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On July 22, 2014, Defendants Gallagher and Goss filed a motion for summary judgment per

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Albino v. Baca, No. 10-55702, 2014 WL 1317141, at *1 (9th Cir. Apr. 3, 2014) (en banc), asserting

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the affirmative defense that Plaintiff failed to exhaust his available administrative remedies prior to

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filing this action. (Doc. 69.)

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On August 18, 2014, Defendants filed a motion for a protective order to stay of discovery
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pending resolution of their motion for summary judgment. (Doc. 79.) It is of note, that having been

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notified of his requirements to oppose the motion for summary judgment, the same day that

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Defendants filed their motion to stay discovery, Plaintiff filed an opposition rather than request

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postponement of consideration of Defendants' motion to conduct further discovery on the exhaustion

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issue under Rule 56(d) of the Federal Rules of Civil Procedure. (Docs. 80-82.)

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Accordingly, it is HEREBY ORDERED, that the motion for discovery to be stayed pending

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resolution of motion for summary judgment for failure to exhaust, filed by Defendants Gallagher and

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Goss on August 18, 2014 (Doc. 79), is GRANTED and all discovery is STAYED in this action

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pending the resolution of the motion.

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IT IS SO ORDERED.
Dated:

August 20, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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