McCoy v. Kelso, et al.

Filing 129

ORDER directing Judgment in favor of Plaintiff on Exhaustion of Administrative Remedies; AMENDED SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 4/24/2019. (Discovery due by 10/2/2019. Dispositive Motions filed by 12/2/2019). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,

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v.
STRONACH, et al.,

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Defendants.

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Case No.: 1:12-cv-000983-AWI-SAB (PC)
ORDER DIRECTING JUDGMENT IN
FAVOR ON PLAINTIFF ON EXHAUSTION
OF ADMINISTRATIVE REMEDIES
AMENDED SCHEDULING ORDER
Discovery Deadline: October 2, 2019
Dispositive Motion Deadline: December 2, 2019

Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
On April 1, 2019, the United States Court of Appeals for the Ninth Circuit reversed and

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remanded this case finding that Plaintiff exhausted his medical deliberate indifference claim against

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Defendants Stronach, Gonzales, LeMay, Beltran, Fisher, Snell and Tann, and instructed that judgment

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be entered in favor of Plaintiff on the exhaustion issue. (ECF No. 126.) The mandate issued on April

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23, 2019. (ECF No. 128.)
In light of the finding that Plaintiff exhausted his medical deliberate indifference claim against

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Defendants Stronach, Gonzales, LeMay, Beltran, Fisher, Snell and Tann, the Court will issue an

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amended scheduling order for merits-based discovery and the filing of dispositive motions.

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Accordingly, it is HEREBY ORDERED that:

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1.

The Clerk of Court is directed to enter judgment in favor of Plaintiff on the issue of
exhaustion of the administrative remedies;

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2.

The deadline for completion of all merits-based discovery is October 2, 2019;

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3.

The deadline for filing dispositive motions is December 2, 2019; and

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4.

All other substantive provisions of the Court’s August 7, 2014, discovery and
scheduling order remain in full force and effect.

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IT IS SO ORDERED.
Dated:

April 24, 2019
UNITED STATES MAGISTRATE JUDGE

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