Jackson v. Yates et al

Filing 46

ORDER Denying Plaintiff's 45 Motion to Withdraw Discovery and Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 12/14/12. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

CURTIS RENEE JACKSON,

10

Plaintiff,

11
12

CASE NO. 1:11-cv–00080-LJO-BAM PC
ORDER DENYING PLAINTIFF’S MOTION
TO WITHDRAW DISCOVERY AND
SCHEDULING ORDER

v.
Y. A. YATES, et al.,

13

(ECF No. 45)
Defendants.
/

14
15

Plaintiff Curtis Renee Jackson is a state prisoner proceeding pro se and in forma pauperis in

16

this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the second

17

amended complaint against Defendants Daley, Gonzales, Mendez, Nichols, Samonte and Valdez for

18

violation of the Eighth Amendment. On November 16, Defendants Gonzales, Mendez, and Nichols

19

filed an answer to the second amended complaint, and a discovery and scheduling order issued on

20

November 27, 2012. (ECF Nos. 42, 44.) On December 13, 2012, Plaintiff filed a motion requesting

21

the Court withdraw the discovery and scheduling order and reissue it once all the defendants are

22

served. (ECF No. 45.)

23

Defendants Gonzales, Mendez, and Nichols have filed an answer and the discovery and

24

scheduling order appropriately issued. (First Informational Order in Prisoner Civil Rights Case ¶

25

8, ECF No. 3.) An amended discovery and scheduling order will be issued when any remaining

26

///

27

///

28

///
1

1

defendant is served. Accordingly, Plaintiff’s motion to withdraw the discovery and scheduling order,

2

filed December 13, 2012, is HEREBY DENIED.

3
4
5

IT IS SO ORDERED.
Dated:
cm411

December 14, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2