Garcia v. Beard et al

Filing 55

ORDER Regarding Plaintiff's Third Motion for Case Status and Ruling 54 , signed by Magistrate Judge Stanley A. Boone on 6/15/17: No further status motions or submissions on this issue should be filed. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FELIPE GARCIA, Case No. 1:14-cv-00625-LJO-SAB (PC) 10 ORDER REGARDING PLAINTIFF’S THIRD MOTION FOR CASE STATUS AND RULING Plaintiff, 11 v. 12 J. HOBMEIER, et al., (ECF Nos. 51, 52) 13 Defendants. 14 15 16 Plaintiff Felipe Garcia is appearing pro se and in forma pauperis in a civil rights action 17 pursuant to 42 U.S.C. § 1983. This matter was referred to the undersigned pursuant to 28 U.S.C. 18 § 636(b)(1)(B) and Local Rule 302. 19 Currently before the Court is Plaintiff’s third motion for a case status. (ECF No. 54.) 20 Plaintiff seeks information on any ruling on Defendants’ pending motion for summary judgment 21 under Federal Rule of Civil Procedure 56, made on the grounds that Plaintiff failed to exhaust his 22 administrative remedies prior to filing the instant lawsuit. Plaintiff reiterates his argument in his 23 opposition that administrative remedies were unavailable, and asserts that this case should 24 proceed to a jury trial. 25 /// 26 /// 27 /// 28 /// 1 As Plaintiff has been previously informed, Defendants’ motion will be addressed in due 1 2 course, and Plaintiff will be notified. No further status motions or submissions on this issue 3 should be filed. 4 5 IT IS SO ORDERED. 6 Dated: June 15, 2017 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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