Harper v. California Department of Corrections and Rehabilitation et al

Filing 40

ORDER Granting 34 Motion to Modify Discovery and Scheduling Order, signed by Magistrate Judge Michael J. Seng on 1/20/14. Nunc Pro Tunc. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON S. HARPER,

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Plaintiff,

CASE NO. 1:14-cv-00115-AWI-MJS (PC)
ORDER GRANTING MOTION TO MODIFY
DISCOVERY AND SCHEDULING ORDER

v.
(ECF No. 34)
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Curry, Huffman, and Rivero on Plaintiff’s First and Eighth Amendment

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claims. (ECF No. 12.)

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On October 2, 2014, the Court issued a discovery and scheduling order setting

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January 2, 2015 as the deadline for filing motions for summary judgment on the basis of

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failure to exhaust administrative remedies. (ECF No. 28.) On December 31, 2014,

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Defendants filed a motion to modify the discovery and scheduling order and to extend

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the exhaustion motion filing deadline to January 12, 2015. (ECF No. 34.) Defendants

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then filed their exhaustion motion on January 12, 2015. (ECF No. 35.)

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Defendants have presented good cause for modifying the discovery and

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scheduling order to extend the exhaustion motion deadline. Accordingly, their motion

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(ECF No. 34) is HEREBY GRANTED. The deadline for filing motions for summary

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judgment on the basis of failure to exhaust administrative remedies is extended nunc pro

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tunc to and including January 12, 2015.

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IT IS SO ORDERED.
Dated:

January 20, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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