Bryant v. Gallagher et al

Filing 122

ORDER DIRECTING Defendants to File Response to Plaintiff's 113 Motion for an Order to Reopen Discovery; Twenty-One Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 1/27/2014. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KEVIN DARNELL BRYANT

12
13
14
15

Plaintiff,
v.
P. GALLAGHER, et al.,
Defendants.

16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:11-cv-00446-LJO-BAM PC
ORDER DIRECTING DEFENDANTS TO FILE
RESPONSE TO PLAINTIFF’S MOTION FOR AN
ORDER TO REOPEN DISCOVERY
(ECF No. 113)
TWENTY-ONE DAY DEADLINE

Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on

19

Plaintiff’s first amended complaint, filed on July 5, 2011, against Defendant Romero for deliberate

20

indifference to serious medical needs in violation of the Eighth Amendment; and against Defendants

21

Gallagher and Romero for conspiracy, retaliation in violation of the Eighth Amendment and failure to

22

protect in violation of the Eighth Amendment.

23

On July 12, 2013, Plaintiff filed a motion for an order to reopen discovery. (ECF No. 113.)

24

Defendants did not submit a response. Thereafter, on December 6, 2013, Plaintiff filed a motion

25

requesting that Court rule and respond to his motion for an order to reopen discovery. (ECF No. 120.)

26

Defendants did not submit a response.

27
28

At this time, the Court finds it appropriate to obtain a response from Defendants regarding the
pending motion to reopen discovery. Accordingly, Defendants are directed to file an opposition, or
1

1

statement of non-opposition, to Plaintiff’s motion to reopen discovery (ECF No. 113) within twenty-

2

one days of the date of this order. If Defendants file an opposition, Plaintiff’s reply shall be filed

3

within seven (7) days following service of the opposition.

4

IT IS SO ORDERED.

5
6

Dated:

/s/ Barbara

January 27, 2014

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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