Williams v. Cates et al

Filing 44

ORDER GRANTING 40 Motion to Postpone Summary Judgment and Opening Discovery Limited to the Exhaustion Issue; ORDER DIRECTING Defendants to File an Answer within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 8/10/14. (30-Day Deadline and 60-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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HORACE MANN WILLIAMS,

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Plaintiff,
vs.
MATTHEW CATE, et al.,
Defendants.

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1:12-cv-00730-LJO-DLB PC
ORDER DIRECTING DEFENDANTS TO
FILE AN ANSWER WITHIN THIRTY
DAYS
ORDER GRANTING PLAINTIFF’S
MOTION TO POSTPONE SUMMARY
JUDGEMENT AND OPENING
DISCOVERY LIMITED TO THE
EXHAUSTION ISSUE
(ECF No. 40)

Plaintiff Horace Mann Williams (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action
on May 4, 2012.
On April 16, 2014, the Court issued an order converting Defendants’ unenumerated 12(b)

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motion to dismiss based on exhaustion to a motion for summary judgment in light of the Ninth
Circuit ruling in Albino v. Baca, No. 10-55702, 2014 WL 1317141, at *1 (9th Cir. Apr. 3, 2014)
(en banc). (ECF No. 37.) In that order, the Court directed the parties to notify the Court whether

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additional discovery is needed. On May 19, 2014, Plaintiff filed a motion to postpone the
motion for summary judgment in order to open discovery. (ECF No. 40.)
Accordingly, it is HEREBY ORDERED that:
1.

Defendants shall file an answer to the complaint within thirty (30) days from the

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date of service of this order; and
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2.

Discovery is opened for sixty (60) days from the date of service of this order and

is limited to the issue of exhaustion of administrative remedies.
a.

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Written discovery must be served at least thirty (30) days prior to the

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close of discovery. Responses must be served seven (7) days after service of the discovery

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request. Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A). Motions to compel must be filed on or before

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sixty (60) days from the date of service of this order.

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b.

In objecting to discovery requests, Defendant(s) should state their

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objections in plain language that a pro se party will likely understand. The meet and confer

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requirement set forth in Federal Rule of Civil Procedure 37(a)(1) and Local Rule 251(b) is

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waived. Voluntary compliance is encouraged, however.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

August 10, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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