Millner v. Biter

Filing 82

ORDER Extending Discovery and Scheduling Order Issued May 5, 2015, to Defendant Pelayo signed by Magistrate Judge Stanley A. Boone on 7/22/2015. (Jessen, A)

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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-SAB (PC)
ORDER EXTENDING DISCOVERY AND
SCHEDULING ORDER ISSUED MAY 5, 2015,
TO DEFENDANT PELAYO
[ECF Nos. 57, 75]

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

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1983.
This action is proceeding on Plaintiff’s claim of excessive force against Defendants J.

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Anderson, D. Rodriguez, and O. Marroquin, a cognizable claim for failure to protect against

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Defendants W. Sweetser, R. Sulier, Pair, and Pelayo, and a cognizable claim of deliberate indifference

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to a serious medical need in violation of the Eighth Amendment against Defendants J. Anderson, O.

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Marroquin, D. Rodriguez, W. Sweetser, R. Sulier, and Pair.

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On May 5, 2015, Defendants Marroquin, Sweetser, Pair, Anderson, Sulier, and Rodriguez filed

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an answer to the complaint. (ECF No. 54.) On this same day, the Court issued the discovery and

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scheduling order. (ECF No. 57.)

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On June 23, 2015, Defendants Marroquin, Sweetser, Pair, Anderson, Sulier, and Rodriguez

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filed a motion for summary on the grounds that Plaintiff failed to exhaust his administrative remedies,

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along with a request to stay discovery pending a ruling on the exhaustion motion. (ECF Nos. 70, 71.)

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On July 9, 2015, the Court granted Defendants’ request to stay discovery, and all merits-based

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discovery was stayed pending a ruling on the motion for summary judgment relating to exhaustion of

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the administrative remedies. (ECF No. 72.)

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On July 13, 2015, Plaintiff filed a cross-motion for summary judgment on the merits of his

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claims. (ECF No. 73.) On July 20, 2015, Defendants filed a request to stay briefing on Plaintiff’s

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cross-motion for summary judgment pending a ruling on the exhaustion motion, and the Court granted

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Defendants’ request on July 22, 2015. (ECF Nos. 77, 80.)
On July 17, 2015, Defendant Pelayo filed an answer to the complaint. In light of the fact that

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Defendant Pelayo has now answered the complaint, it is HEREBY ORDERED the discovery and

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scheduling order is extended to Defendant Pelayo.

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IT IS SO ORDERED.

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Dated:

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July 22, 2015
UNITED STATES MAGISTRATE JUDGE

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