Mitchell v. Gipson et al

Filing 38

ORDER Regarding Defendants' 37 Request for Briefing Schedule, signed by Magistrate Judge Dennis L. Beck on 03/20/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY M. MITCHELL,
Plaintiff,

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vs.
CONNIE GIPSON, et al.,

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Defendants.

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1:12cv00469 DLB PC
ORDER REGARDING DEFENDANTS’
REQUEST FOR BRIEFING SCHEDULE
(Document 37)

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Plaintiff Henry M. Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 28 U.S.C. § 1983.
On February 27, 2015, the Ninth Circuit reversed in part this Court’s dismissal to the

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extent that Plaintiff seeks injunctive and declaratory relief.

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On March 17, 2015, Defendants requested that the Court set a briefing schedule for the

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responsive pleading. It is this Court’s practice, however, not to act upon a reversal or remand

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until the mandate issues.1 F.R.App.Proc. 41. At that time, the Court will order a response.

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IT IS SO ORDERED.

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Dated:

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March 20, 2015

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Plaintiff filed a Petition for Rehearing on March 18, 2015, which is the exact reason this Court does not act until
the mandate issues.
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