Baker v. Cacoa et al

Filing 53

ORDER Regarding Defendants' Notice of Withdrawal of 39 Motion for Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 1/29/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Plaintiff,
v.
S. CACOA, et al.,
Defendants.

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Case No.: 1:15-cv-00693-AWI-BAM (PC)
ORDER REGARDING DEFENDANTS’ NOTICE
OF WITHDRAWAL OF MOTION FOR
SUMMARY JUDGMENT
(ECF Nos. 39, 52)

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Plaintiff Mike Baker is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.

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On October 27, 2017, Defendants filed a motion for summary judgment for the failure to

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exhaust administrative remedies. (ECF No. 39.) On January 11, 2018, the motion was stayed to allow

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Plaintiff to take discovery regarding exhaustion-related matters. (ECF No. 50.) Other non-exhaustion

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discovery had previously been stayed. (ECF No. 43.)

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Meanwhile, on January 3, 2018, the Court granted Plaintiff’s motion to substitute the identity

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of Defendant Jane Doe. (ECF No. 47.) Plaintiff was granted thirty (30) days to file a second amended

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complaint for the purpose of substituting the identity of that unnamed defendant. (Id.) On January 26,

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2018, Plaintiff filed his second amended complaint. (ECF No. 51.)

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Currently before the Court is Defendants’ notice of withdrawal of their motion for summary

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judgment, filed on January 26, 2018. (ECF No. 52.) Defendants state that they withdraw their motion

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for summary judgement in light of the filing of the second amended complaint, and will refile their

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motion after Plaintiff’s second amended complaint is screened and after Defendants have answered.
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(Id.) Defendants further state that they will continue to prepare responses to Plaintiff’s discovery

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requests pursuant ot the Court’s January 11, 2018 order. (Id.)

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Based upon the foregoing, IT IS HEREBY ORDERED that Defendants’ motion for summary

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judgment, filed on October 27, 2017 (ECF No. 39) is deemed WITHDRAWN. The Clerk of the Court

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is directed to terminate the motion.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 29, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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