Dukes v. Harrington et al

Filing 52

ORDER REQUIRING Defendant to File a Responsive Pleading; Twenty-One Day Deadline signed by Magistrate Judge Dennis L. Beck on 10/17/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARNELL DUKES,

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Plaintiff,

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ORDER REQUIRING DEFENDANT
TO FILE A RESPONSIVE PLEADING

v.

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Case No. 1:12-cv-00941 LJO DLB PC

GARCIA,

TWENTY-ONE DAY DEADLINE
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Defendant.

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Plaintiff Darnell Dukes (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On August 19, 2014, the Ninth Circuit Court of Appeals remanded the action to this Court

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with instructions to vacate the judgment.
On September 12, 2014, the Court vacated the judgment and ordered Defendant to file a

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response to the complaint.

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On October 15, 2014, Defendant filed a motion for summary judgment based on exhaustion.

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However, a motion for summary judgment is not a responsive pleading. Fed. R. Civ. Proc. 7; Educ.

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Servs., Inc. v. Maryland State Bd for Higher Educ., 710 F.2d 170, 176-77 (4th Cir. 1983)

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Accordingly, as Defendant has not filed a proper response to the complaint, Defendant is

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ORDERED to do so within twenty-one (21) days of the date of service of this order. Defendant’s

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motion for summary judgment will remain pending.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 17, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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