Valencia v. Gibson et al

Filing 74

ORDER VACATING and RE-SCHEDULING the Dispositive Motion Deadline Set Forth In the September 16, 2014, Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 7/27/15. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ABEL VALENCIA, 12 13 14 15 Plaintiff, v. CONNIE GIPSON, et al., Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-01446-AWI-SAB (PC) ORDER VACATING AND RE-SCHEDULING THE DISPOSITIVE MOTION DEADLINE SET FORTH IN THE SEPTEMBER 16, 2014, SCHEDULING ORDER [ECF NO. 73] Plaintiff Abel Valencia is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Now pending before the Court is Defendants’ motion to vacate and re-schedule the dispositive 20 motion deadline set forth in the Court’s September 16, 2014, discovery and scheduling order, until 21 after the pending Findings and Recommendations are resolved. (ECF No. 73.) 22 Defendants point out that on May 8, 2015, the undersigned issued Findings and 23 Recommendations on Defendants’ motion for summary judgment relating to exhaustion of the 24 administrative remedies. (ECF No. 65.) It was recommended that Defendants’ motion be granted, 25 and if adopted in full, it would dispose of all claims and Defendants, except Plaintiff’s due process 26 claim against Defendant Ruiz. (Id.) After receiving an extension of time, Plaintiff filed objections to 27 the Findings and Recommendations on July 6, 2015. (ECF No. 70.) The Findings and 28 Recommendations has not yet been adopted by the Court. 1 Good cause having been presented to the Court, it is HEREBY ORDERED that July 27, 2015, 1 2 dispositive motion deadline is VACATED, and Defendants shall have forty-five (45) days following 3 the resolution of the pending Findings and Recommendations to file a dispositive motion. 4 5 IT IS SO ORDERED. 6 Dated: 7 July 27, 2015 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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