Garcia v. Beard et al

Filing 62

ORDER RELIEVING Defendants of Obligation to File a Responsive Pleading Until the Issue of Exhaustion is Resolved, signed by Magistrate Judge Stanley A. Boone on 9/5/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FELIPE GARCIA,
Plaintiff,

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Case No. 1:14-cv-00625-LJO-SAB (PC)
ORDER RELIEVING DEFENDANTS OF
OBLIGATION TO FILE A RESPONSIVE
PLEADING UNTIL THE ISSUE OF
EXHAUSTION IS RESOLVED

v.
J. HOBMEIER, et al.,
Defendants.

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Plaintiff Felipe Garcia is appearing pro se and in forma pauperis in a civil rights action

18 pursuant to 42 U.S.C. § 1983.
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On August 23, 2016, the Court granted Defendants’ ex parte request to file a pre-answer

20 motion for summary judgment and tolled the time for Defendants to file an answer until after the
21 decision on the motion for summary judgment.

(ECF No. 39.)

On October 19, 2016,

22 Defendants filed a pre-answer motion for summary judgment for failure to exhaust
23 administrative remedies. (ECF No. 44.)
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On July 26, 2017, the undersigned issued findings and recommendations recommending

25 denying Defendants’ motion for summary judgment. (ECF No. 56.) On August 25, 2017, the
26 assigned district judge adopted the findings and recommendations to deny Defendants’ motion
27 for summary judgment. (ECF No. 59.) On August 29, 2017, the undersigned issued an order
28 directing Defendants to respond to the complaint by September 8, 2017. (ECF No. 60.)

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On September 5, 2017, the assigned district judge issued an order amending the order

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2 adopting findings and recommendations, denying Defendants’ motion for summary judgment,
3 and referring the matter to the undersigned for the purpose of setting and conducting an
4 evidentiary hearing on the issue of exhaustion. (ECF No. 61.)
Accordingly, IT IS HEREBY ORDERED that Defendants are relieved of the obligation

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6 to file a responsive pleading until the issue of exhaustion is resolved or until further order of the
7 court.
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IT IS SO ORDERED.

10 Dated:

September 5, 2017
UNITED STATES MAGISTRATE JUDGE

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