Delgado v. Gonzalez et al

Filing 53

ORDER After Appeal and WITHDRAWING Discovery and Scheduling Order 49 , 50 , 51 , signed by Magistrate Judge Sheila K. Oberto on 05/02/2017. (Responses due 21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEZANDER DELGADO,

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Plaintiff,
v.
GONZALEZ,

Case No. 1:12-cv-00319-AWI-SKO (PC)
ORDER AFTER APPEAL and
WITHDRAWING DISCOVERY AND
SCHEDULING ORDER
(Docs. 49, 50, 51.)

Defendant.

TWENTY-ONE (21) DAY DEADLINE

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Plaintiff, Alezander Delgado, is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed this action on March 2,

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2012. Initial proceedings resulted in dismissal of the action as barred by the favorable

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termination rule. (Doc. 36, citing Heck v. Humphrey, 512 U.S. 477 (1994); Edwards v. Balisok,

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520 U.S. 641 (1997).)

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Following Plaintiff’s appeal, the Ninth Circuit remanded the action finding that it was

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unknown whether Plaintiff’s “rules violation and loss of sixty days of good-time credit would

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necessarily affect the length of time he must serve.” (Doc. 49, 9th Order, (citing Nettles v.

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Grounds, 830 F.3d 922 (9th Cir. 2016) (en banc), cert denied, (U.S. Jan. 9, 2017)(No. 16-6556)

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(emphasis in the original)); Doc. 50, Mandate.) A Discovery and Scheduling Order issued

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prematurely on April 27, 2017, due to a clerical error. (Doc. 51.)

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This action is, therefore, proceeding on Plaintiff’s claim in the First Amended Complaint
against Defendant Gonzalez for retaliation in violation of the First Amendment. Although
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Defendants filed a motion which precipitated the prior dismissal of this action, they have not filed

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a responsive pleading.
Accordingly, the Court ORDERS that the Discovery and Scheduling Order that issued on

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April 27, 2017, (Doc. 51), is WITHDRAWN and Defendant shall file a response to the First

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Amended Complaint within twenty-one (21) days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

May 2, 2017

/s/

UNITED STATES MAGISTRATE JUDGE

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Sheila K. Oberto

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.