Sansone v. Thomas

Filing 84

ORDER STAYING Case Pending Adoption of Findings and Recommendations, signed by Magistrate Judge Erica P. Grosjean on 12/8/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:13-cv-01942-DAD-EPG-PC

RICHARD M. SANSONE,
Plaintiff,

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vs.

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ORDER STAYING CASE PENDING
ADOPTION OF FINDINGS AND
RECOMMENDATIONS

J.C. THOMAS,

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Defendant.
Plaintiff Richard M. Sansone is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. On June 14, 2016, Defendant filed a Motion for

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Summary Judgment asserting that Plaintiff had failed to exhaust his administrative remedies before

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filing suit. (ECF No. 43.) On November 17, 2016, the Court conducted an evidentiary hearing on the

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issue of administrative exhaustion. The Court issued findings and recommendations recommending

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that Plaintiff’s case be dismissed for a failure to exhaust administrative remedies on December 7,

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2016. (ECF No. 83.) Plaintiff was given thirty days to file any objections to the findings and

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recommendations and the findings and recommendations were referred to District Judge Dale A.

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Drozd for review.

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Plaintiff currently has two motions pending: a discovery motion (ECF No. 56) and a motion to

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amend his complaint (ECF No. 71). The Court has set a discovery status conference set for January 25,

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2017 and the non-expert discovery cutoff date in this case is February 14, 2017. Based on the outcome

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of the evidentiary hearing and the Court’s findings and recommendations, the Court STAYS discovery
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in this case pending the review of the findings and recommendations by the District Judge. The Court

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also VACATES the discovery status conference currently set for January 25, 2017 at 2:00 p.m. The

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status conference and any other currently pending discovery deadlines will be reset, if necessary, after

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the District Judge issues an order adopting or rejecting the Court’s findings and recommendations.

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IT IS SO ORDERED.

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Dated:
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December 8, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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