McCoy v. Holguin et al

Filing 62

ORDER (1) Amending Discovery and Scheduling Order; and (2) Denying Without Prejudice 40 Plaintiff's Motion to Compel signed by Magistrate Judge Michael J. Seng on 5/12/2017. Discovery due by 6/30/2017. Dispositive Motions filed by 8/15/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,
Plaintiff,

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1:15-cv-00768-DAD-MJS (PC)
ORDER
(1) AMENDING DISCOVERY AND
SCHEDULING ORDER; AND

v.
A. HOLGUIN, et al.,

(2) DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO
COMPEL

Defendants.

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(ECF NO. 40.)

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to

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42 U.S.C. § 1983. This matter proceeds on Plaintiff’s Second Amended Complaint

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asserting excessive force and failure to protect claims against 19 Defendants following a

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March 2015 assault. Plaintiff was granted leave to proceed in forma pauperis on July 14,

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2015. (ECF No. 9.)

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Pursuant to the Discovery and Scheduling Order, discovery in this case was set to

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close on February 17, 2017, and the dispositive motion deadline was April 19, 2017.

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(ECF Nos. 29, 46.) On January 31, 2017, Defendants moved to stay discovery pending

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resolution of their motion to revoke Plaintiff’s in forma pauperis status. (ECF Nos. 44,

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53.) Defendants’ motion to stay was granted on February 6, 2017. (ECF No. 54.)

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As to Defendants’ January 9, 2017, motion to revoke Plaintiff’s in forma pauperis

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status, the undersigned issued findings and recommendations on March 7, 2017,

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recommending that Plaintiff’s in forma pauperis status be revoked and he be directed to

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pay the $400 filing fee in full. (ECF No. 56.) Those findings and recommendations were

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adopted in full on May 11, 2017. (ECF No. 61.) On that same day, Plaintiff paid the $400

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filing fee.

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Now that Defendants’ motion to revoke Plaintiff’s in forma pauperis status has
been resolved, IT IS HEREBY ORDERED that:
1. The discovery deadline is re-set for June 30, 2017;

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2. The dispositive motion deadline is re-set for August 15, 2017; and

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3. Plaintiff’s pending motion to compel (ECF No. 40) is DENIED without prejudice
to its renewal.

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IT IS SO ORDERED.

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Dated:

May 12, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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