Millner v. Biter

Filing 100

ORDER GRANTING Defendants' Motion to Modify the Discovery and Scheduling Order and VACATING All Deadlines Set Forth in the Court's May 5, 2015 Order 99 , signed by Magistrate Judge Stanley A. Boone on 10/13/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
MARTIN BITER, et al.,

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Defendants.

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ORDER GRANTING DEFENDANTS’ MOTION
TO MODIFY THE DISCOVERY AND
SCHEDULING ORDER AND VACATING ALL
DEADLINES SET FORTH IN THE COURT’S
MAY 5, 2015, ORDER
[ECF No. 99]

1983.
On October 9, 2015, Defendants filed a motion to modify the discovery and scheduling order.

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Case No.: 1:13-cv-02029-SAB (PC)

Plaintiff James W. Millner is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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(ECF No. 99.)

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On May 5, 2015, the Court issued the discovery and scheduling order in this case setting the

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deadlines to amend the pleadings, complete discovery, and file a dispositive motion. (ECF No. 57.)

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On June 23, 2015, Defendants filed a motion for summary judgment for Plaintiff’s failure to

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exhaust the administrative remedies. (ECF No. 70.)
On July 7, 2015, the Court granted Defendants’ request to stay merits-based discovery pending

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the motion for summary judgment. (ECF No. 72.)

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On the basis of good cause, the Court HEREBY VACATES the deadlines set forth in the

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discovery and scheduling order to resetting if and when Defendants’ motion for summary judgment on

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the issue of exhaustion is denied.

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IT IS SO ORDERED.

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Dated:

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October 13, 2015
UNITED STATES MAGISTRATE JUDGE

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