Foster v. Huewe et al

Filing 46

ORDER DENYING Plaintiff's Motion to Conclude the Discovery Deadline Before the Final Ruling by the District Judge 45 , signed by Magistrate Judge Stanley A. Boone on 3/19/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRYL TYRONE FOSTER,

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Plaintiff,
v.
J. HUEWE, et al.,

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Defendants.

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Case No.: 1:16-cv-01839-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
CONCLUDE THE DISCOVERY DEADLINE
BEFORE THE FINAL RULING BY THE
DISTRICT JUDGE
[ECF No. 45]

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Plaintiff Derryl Tyrone Foster is proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion requesting to complete his discovery before the

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District Judge issues a final ruling on Defendants’ December 6, 2017 motion for summary judgment.

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(ECF No. 45.) Plaintiff argues that the discovery and scheduling order provided a deadline of May 13,

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2018 to complete discovery. Therefore, he asserts, this case may not become final until that deadline is

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complete.

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On March 16, 2018, the District Judge granted Defendants’ summary judgment motion and

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dismissed this action, without prejudice, for the failure to exhaust administrative remedies. (ECF No.

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43.) Judgement was entered accordingly that day. (ECF No. 44.) Therefore, this case is closed and

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discovery is moot. The deadlines set earlier in the case were for scheduling purposes and cease to

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operate once this case is closed, as it was by the March 16, 2018 ruling.
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Accordingly, Plaintiff’s motion to conclude the discovery deadline before the final ruling by

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the District Judge (ECF No. 45) is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

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March 19, 2018
UNITED STATES MAGISTRATE JUDGE

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