Millner v. Biter

Filing 135

ORDER Granting Defendant Dileo's Motion to Join in Defendants' Motion for Summary Judgment and Evidentiary Hearing, and Relieving Defendant Dileo of Obligation to File a Response Until After Issue of Exhaustion is Resolved, signed by Magistrate Judge Stanley A. Boone on 5/6/16. (Verduzco, M)

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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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Case No.: 1:13-cv-02029-AWI-SAB (PC)
ORDER GRANTING DEFENDANT DILEO’S
MOTION TO JOIN IN DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT AND
EVIDENTIARY HEARING, AND RELIEVING
DEFENDANT DILEO OF OBLIGATION TO FILE
A RESPONSE UNTIL AFTER ISSUE OF
EXHAUSTION IS RESOLVED
[ECF No. 134]

Plaintiff James W. Millner is appearing pro se in this civil rights action pursuant to 42 U.S.C. §
1983.
On May 5, 2016, Defendant Dileo filed a motion to join in Defendants’ exhaustion-related

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motion for summary judgment and subsequent evidentiary hearing. (ECF No. 134.)

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Good cause having been presented to the Court, it is HEREBY ORDERED that Defendant

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Dileo’s request to join the pending motion for summary judgment and evidentiary hearing relating to

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exhaustion of the administrative remedies is GRANTED, and Defendant Dileo is relieved of the

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obligation to file a responsive pleading until the issue of exhaustion is resolved.

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IT IS SO ORDERED.
Dated:

May 6, 2016
UNITED STATES MAGISTRATE JUDGE

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