Bolton v. Holland et al

Filing 44

ORDER GRANTING 43 Motion for a Stay of Discovery pending resolution of the Motion for Summary Judgment; All Discovery STAYED, signed by Magistrate Judge Sheila K. Oberto on 9/10/18. (Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

WAYNE BOLTON,

10

Plaintiff,

11
12

Case No. 1:16-cv-00298-SKO (PC)
ORDER STAYING DISCOVERY PENDING
RULING ON DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

v.
SODERGRA, et al.,

(Doc. 43)

13

Defendants.

14
15
Plaintiff, Wayne Bolton, is a state prisoner proceeding pro se and in forma pauperis

16
17
18
19

pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment on May 3,
2018, based on Plaintiff’s failure to exhaust his administrative remedies prior to filing suit. (Doc.
34.)
On September 7, 2018, Defendants filed a motion for a protective order to stay discovery

20
21
22

pending resolution of their motion for summary judgment. (Doc. 43.) Defendants indicate that
two days after Plaintiff requested an extension of time to file an opposition to their motion,
Plaintiff served discovery on the merits of his claims, rather than on exhaustion issues. (Id.) The

23
Court notes that having been notified of the requirements to oppose the motion for summary
24
judgment, Plaintiff filed an opposition, instead of requesting postponement of consideration of
25
Defendants’ motion, to conduct further discovery on the exhaustion issue under Rule 56(d) of the
26
27

Federal Rules of Civil Procedure. (See Doc. 41.)
///

28
1

1

Accordingly, it is HEREBY ORDERED that the motion for a stay of discovery pending

2

resolution of the motion for summary judgment for failure to exhaust, filed by Defendants on

3

September 9, 2018, (Doc. 34), is GRANTED and all discovery is STAYED in this action.

4
5
6
7

IT IS SO ORDERED.
Dated:

September 10, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.