Singleton, Sr. v. Biter, et al.

Filing 73

ORDER Requiring Supplemental Briefing, If Any, Be Filed Within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 06/12/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, SR.,

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Plaintiff,
v.
M. D. BITER, et al.,
Defendants.

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Case No.: 1:12cv00043 AWI DLB (PC)
ORDER REQUIRING SUPPLEMENTAL
BRIEFING, IF ANY, BE FILED WITHIN
THIRTY DAYS

Plaintiff Lamar Singleton (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on January 9, 2012. This action is proceeding against

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Defendants Biter and Lopez for violation of the Eighth Amendment.

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On April 17, 2014, the Court vacated Findings and Recommendations regarding Defendants’

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motion to dismiss based on exhaustion and converted the motion into a motion for summary judgment.

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The Court also ordered the parties to inform the Court whether discovery related to exhaustion was

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necessary within thirty days.

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On April 30, 2014, Defendants confirmed that they did not need additional discovery. Plaintiff
has failed to respond to the order.

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Accordingly, as it appears that no discovery is necessary, the Court ORDERS that

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supplemental briefing, if any, be filed within thirty (30) days. If the parties wish to stand on the

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briefing already filed, they must inform the Court of their intent within this time frame.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 12, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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