Caver v. Gomez et al

Filing 63

ORDER Resolving 55 Motion for Clarification, signed by Magistrate Judge Sheila K. Oberto on 3/24/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENELL CAVER,
Plaintiff,

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Case No. 1:11-cv-01025-AWI-SKO (PC)
ORDER RESOLVING MOTION FOR
CLARIFICATION

v.
(Doc. 55)

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E. GOMEZ, et al.,

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Defendants.
_____________________________________/

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Plaintiff Denell Caver, a state prisoner proceeding pro se and in forma pauperis, filed this

17 civil rights action pursuant to 42 U.S.C. § 1983 on June 20, 2011. This action is proceeding on
18 Plaintiff’s second amended complaint, filed on April 10, 2012, against Defendants Gomez, Stark,
19 and Garcia for acting with deliberate indifference to Plaintiff’s safety, in violation of the Eighth
20 Amendment.
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On January 15, 2014, Plaintiff filed a motion seeking clarification regarding discovery and

22 pretrial dispositive motions. Plaintiff’s confusion regarding discovery apparently stems from his
23 receipt of Defendant Garcia’s answer filed on December 23, 2013, and his receipt of a letter from
24 Defendants’ counsel informing him that the discovery deadline was December 23, 2013.
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Pursuant to the orders filed on April 23, 2013, and July 16, 2013, the deadline for the

26 completion of all discovery between Plaintiff and Defendants Gomez and Stark was December 23,
27 2013. Thus, Plaintiff may not serve Defendants Gomez and Stark with any further discovery
28 requests. Defendant Garcia did not make an appearance in the action until December 23, 2013,

1 however, and the deadline for the completion of all discovery between Plaintiff and Garcia is July
2 15, 2014.
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The deadline to file pretrial dispositive motions is September 15, 2014, for all parties.

4 With respect to Plaintiff’s inquiry regarding the meaning of dispositive motions, such motions
5 include motions for summary judgment, and seek to resolve or dispose of claims or the case.
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Accordingly, by this order, Plaintiff’s motion for clarification is HEREBY RESOLVED.

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IT IS SO ORDERED.
Dated:

March 24, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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