Perry v. Garcia et al

Filing 38

ORDER Lifting Stay, Amending Scheduling Order, and Directing Clerk's Office to Send Copies, signed by Magistrate Judge Sheila K. Oberto on 9/10/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEWIS PERRY,
Plaintiff,

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v.

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JOHN GARCIA, et al.,
Defendants.

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Case No. 1:12-cv-00312-AWI-SKO (PC)
ORDER LIFTING STAY, AMENDING
SCHEDULING ORDER, AND DIRECTING
CLERK’S OFFICE TO SEND COPIES
(Docs. 27 and 34-37)
Exhaustion Motion Deadline: 11/13/2014
Amended Pleadings Deadline: 01/13/2015
Discovery Deadline: 03/13/2015
Pretrial Dispositive Motion Deadline: 05/13/2015

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_____________________________________/
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Plaintiff Lewis Perry, a state prisoner proceeding pro se and in forma pauperis, filed this

19 civil rights action pursuant to 42 U.S.C. § 1983 on February 21, 2012. This action for damages is
20 proceeding on Plaintiff’s second amended complaint against Defendant Nguyen for violation of
21 the Eighth Amendment.
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Defendant filed an answer on January 21, 2014, and the Court issued a scheduling order on

23 February 3, 2014. On February 18, 2014, Plaintiff filed a motion to stay the scheduling order
24 based on his hospitalization and Defendant filed a statement of non-opposition on February 19,
25 2014. On March 12, 2014, the Court issued an order staying the scheduling order and requiring
26 Defendant to file a status report on or before June 11, 2014. Defendant filed a status report on
27 June 3, 2014, and Plaintiff filed a response on June 19, 2014.
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While the parties present differing accounts regarding Plaintiff’s access to his legal

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2 material during and after the period of his hospitalization, Plaintiff attests that he is ready to begin
3 discovery. (Doc. 37, Perry Dec., ¶9.) Based on Plaintiff’s representation that his legal material
4 was lost, the Court will direct the Clerk’s Office to send him a copy of the docket and a copy of
5 the discovery and scheduling order filed on February 3, 2014.
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Accordingly, the Court HEREBY ORDERS that:

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1.

The stay imposed on March 12, 2014, is lifted;

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2.

The discovery and scheduling order filed on February 3, 2014, is amended as

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a.

The deadline for filing a motion to dismiss or for summary judgment for

11 failure to exhaust administrative remedies is November 13, 2014;1
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b.

The deadline for amending the pleadings is January 13, 2015;

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c.

The deadline for the completion of all discovery, including filing motions to

14 compel, is March 13, 2015; and
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d.

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3.

The deadline for filing pretrial dispositive motions is May 13, 2015; and

The Clerk’s Office shall send Plaintiff a copy of the docket and a copy of the

17 discovery and scheduling order filed on February 3, 2014.
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IT IS SO ORDERED.
Dated:

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September 10, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Albino v. Baca, 747 F.3d 1162, 1168-72 (9th Cir. 2014).

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