Dell v. Espinoza, et al.

Filing 47

ORDER Denying as Moot Defendants' 44 Motion to Modify the Discovery and Scheduling Order, signed by Magistrate Judge Michael J. Seng on 1/17/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN L. DELL,

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Plaintiff,
v.
R. ESPINOZA et al.,
Defendants.

CASE No. 1:16-cv-1769-DAD-MJS (PC)
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO MODIFY
THE DISCOVERY AND SCHEDULING
ORDER
(ECF NO. 44)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights

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action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s original

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November 22, 2016, complaint against Correctional Officer (“CO”) R. Espinoza and CO

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R. Roque on an Eighth Amendment excessive force claim, against Sergeant C. James

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on an Eighth Amendment failure to protect claim, and against Dr. S. Barnett and Lt. L.A.

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Martinez on an Eighth Amendment deliberate indifference claim. (ECF No. 9.)

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Pending before the Court is Defendants’ motion to modify the Discovery and

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Scheduling Order given the pendency of their motion for summary judgment for failure to

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exhaust administrative remedies. (ECF No. 44.) On December 29, 2017, the

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undersigned issued findings and recommendations to grant Defendants’ motion for

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summary judgment; those recommendations remain pending before the district judge.

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(ECF No. 45.) In that same order, the undersigned granted Defendants’ motion for a

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protective order and stayed all merits-based discovery pending resolution of Defendants’

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motion.

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Since discovery has now been stayed, IT IS HEREBY ORDERED that

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Defendants’ motion for modification of the discovery and scheduling (ECF No. 44) is

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DENIED as moot. If necessary, the undersigned will revisit the dates set in this case

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following the district judge’s consideration of the undersigned’s recommendation to grant

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Defendants’ motion for summary judgment.

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IT IS SO ORDERED.
Dated:

January 17, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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