Millner v. Dileo et al

Filing 65

ORDER DIRECTING Defendants to File Response to Plaintiff's 64 Motion to Stay Action; Seven Day Deadline signed by Magistrate Judge Stanley A. Boone on 11/13/2019. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,
v.
DR. DILEO, et al.,
Defendants.

Case No. 1:17-cv-00507-LJO-SAB (PC)
ORDER DIRECTING DEFENDANTS TO
FILE RESPONSE TO PLAINTIFF’S MOTION
TO STAY ACTION
(ECF No. 64)
SEVEN (7) DAY DEADLINE

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Plaintiff James W. Millner is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants DiLeo, Ulit, and

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Spaeth, in their individual capacity, for deliberate indifference to serious medical needs in

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violation of the Eighth Amendment, based on Plaintiff’s wrist injury.

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Currently before the Court is Plaintiff’s motion to stay action, filed on October 21, 2019.

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(ECF No. 64.) In his motion, Plaintiff requests that the Court stay this action and extend the

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December 2, 2019 dispositive motion deadline for 28 weeks because he has developed dementia

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and is currently undergoing assessment and treatment at California Health Care Facility and

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because he will be undergoing additional surgery on his wrist.

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In this case, the Court finds that it is appropriate to require Defendants to file a response to

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Plaintiff’s motion to stay action. Accordingly, it is HEREBY ORDERED that, within seven (7)

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days from the date of service of this order, Defendants shall file a response to Plaintiff’s motion
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to stay action, (ECF No. 64). Plaintiff should not file any reply to Defendants’ response absent

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further order from this Court.

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IT IS SO ORDERED.
Dated:

November 13, 2019
UNITED STATES MAGISTRATE JUDGE

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