Johnson v. Honnold

Filing 36

ORDER Granting 35 Defendant's Motion to Modify the Scheduling Order, signed by Magistrate Judge Michael J. Seng on 7/16/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE EDWARD JOHNSON,
Plaintiff,

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v.

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S. HONNOLD,

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1:15-cv-01118-LJO-MJS (PC)
ORDER GRANTING DEFENDANT’S
MOTION TO MODIFY THE SCHEDULING
ORDER
(ECF No. 35)

Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s
complaint against Defendant S. Honnold for medical indifference in violation of the
Eighth Amendment.

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Pending before the Court is Defendant’s July 8, 2016, motion to modify the

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Court’s Discovery and Scheduling Order, specifically the July 19, 2016, deadline for filing

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a motion for summary judgment under Federal Rule of Civil Procedure 56. Defendant so

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moves on the ground that new counsel recently substituted in; Defendant is awaiting

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discovery responses from Plaintiff that will inform the investigation and provide grounds

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for an exhaustion motion; and a necessary declarant in Defendant’s exhaustion motion,

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the Custodian of Records for the Office of Appeals, is unavailable from July 18 through

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July 29, 2016. Good cause appearing, Defendant’s motion will be granted. See Fed. R.

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Civ. P. 16(b)(4).

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Accordingly, IT IS HEREBY ORDERED that:
1. Defendant’s motion to modify the scheduling order (ECF No. 35) is
GRANTED;

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2. The April 19, 2016, Discovery and Scheduling Order (ECF No. 28) is amended
to allow Defendant to file a motion for summary judgment for failure to exhaust

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administrative remedies on or before August 18, 2016. All other dates shall

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remain the same.

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IT IS SO ORDERED.
Dated:

July 16, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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