Kirkelie v. Thissell

Filing 56

ORDER DIRECTING Defendants to File a Response to the Second Amended Complaint Within Ten Days From the Date of Service of This Order, signed by Magistrate Judge Stanley A. Boone on 8/31/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN KIRKELIE,

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Plaintiff,

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v.
C.O. THISSELL, et al.,

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Defendants.

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Case No.: 1:15-cv-00735-DAD-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO THE SECOND AMENDED
COMPLAINT WITHIN TEN DAYS FROM THE
DATE OF SERVICE OF THIS ORDER

Plaintiff Jonathan Kirkelie is a prisoner in the custody of the Federal Bureau of Prisons

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(“BOP”).
On March 29, 2017, the Court granted Defendants’ motion for summary judgment as to

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Defendant Masterson and denied the motion as to Defendants Thissell, Madhavi, Knoll and Smith.

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(ECF No. 45.) On April 3, 2017, the Court directed Defendants to file a response to the complaint

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within ten days. (ECF No. 46.) On April 17, 2017, the Court granted Defendants request to extend

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the time to file a response on June 12, 2017. (ECF No. 48.)

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On May 26, 2017, Defendants filed a notice of appeal. (ECF No. 49.)

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On June 13, 2017, the Court granted Defendants’ motion to stay the case pending resolution of

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the appeal, and all deadlines were vacated to be rescheduled, if necessary, after resolution of the

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appeal. (ECF No. 53.)

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On August 28, 2017, the Ninth Circuit Court of Appeals granted Defendants’ (appellants’

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therein) motion to voluntarily dismiss the appeal. (ECF No. 55.)
Inasmuch as the appeal has been dismissed, the Court HEREBY ORDERS Defendants to file a

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response to the second amended complaint within ten (10) days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:

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August 31, 2017
UNITED STATES MAGISTRATE JUDGE

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