Moran v. Dutra et al

Filing 144

ORDER GRANTING 140 Motion to Modify the Discovery and Scheduling Order, signed by Magistrate Judge Michael J. Seng on 2/23/16. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICOLAS MORAN,

Case No. 1:11-cv-00914 LJO-MJS

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v.

Plaintiff, ORDER GRANTING MOTION TO
MODIFY THE DISCOVERY AND
SCHEDULING ORDER

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(ECF No. 140)
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K. DUTRA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 6 & 7.) The action
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proceeds against Defendant Onwubuya on Plaintiff’s Eighth Amendment inadequate
medical care claim and against Defendants Dutra and Brockmeyer on Plaintiff’s Eighth

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Amendment excessive force claim. (ECF No. 27.)
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Defendant Onwubuya moved for summary judgment based on Plaintiff’s failure to

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exhaust administrative

remedies against her. (ECF No. 132.)

Findings and

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recommendations to grant the motion for summary judgment have been submitted to the
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District Judge. (ECF No. 139.) Defendant moves to modify the discovery and scheduling
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order to permit the filing of dispositive motions for forty-five days following the District
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Judge’s ruling on the findings and recommendations, should the District Judge decline to

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adopt the findings and recommendations.

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Good cause having been shown, Defendant Onwubuya’s motion is HEREBY

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GRANTED. The time for filing dispositive motions is hereby extended to and including

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forty-five (45) days following the service of an order declining to adopt the findings and

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recommendations, if any such order is issued.

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IT IS SO ORDERED.
Dated:

February 23, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE