Mwasi v. Corcoran State Prison

Filing 84

ORDER STAYING Discovery Other Than on Exhaustion, signed by Magistrate Judge Jennifer L. Thurston on 5/31/17.(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KING MWASI, 12 v. 13 Case No. 1:13cv-00695-DAD-JLT (PC) Plaintiff, ORDER STAYING DISCOVERY OTHER THAN ON EXHAUSTION CORCORAN STATE PRISON, et al., Defendants. 14 15 16 On May 30, 2017, Defendants filed a motion for summary judgment per Albino v. Baca, 17 No. 10-55702, 2014 WL 1317141, at *1 (9th Cir. Apr. 3, 2014) (en banc), asserting the 18 affirmative defense that Plaintiff failed to exhaust his available administrative remedies prior to 19 filing this action. (Doc. 83.) In their motion, Defendants request that discovery be stayed, other 20 than on exhaustion issues, until a ruling is issued on their motion. (Id.) 21 22 Accordingly, the Court ORDERS, that Defendants’ request is GRANTED and, other than on exhaustion issues, discovery in this action STAYED. 23 IT IS SO ORDERED. 24 25 Dated: May 31, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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