Lipsey v. Reddy et al

Filing 56

ORDER Regarding Parties' Stipulation; ORDER STAYING All Non-Exhaustion Discovery 55 , signed by Magistrate Judge Barbara A. McAuliffe on 6/27/2018: The parties' stipulated motion to stay all non-exhaustion related discovery 55 is GRANTED. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff,
vs.
DR. REDDY, et al.,

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Defendants.

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1:17-cv-00569-LJO-BAM (PC)
ORDER REGARDING PARTIES’
STIPULATION
ORDER STAYING ALL NONEXHAUSTION DISCOVERY
[Doc. 55]

Plaintiff Christopher Lipsey is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s third

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amended complaint against Defendants Hernandez, Celedon, and Mancilla for excessive force in

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violation of the Eighth Amendment.

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On May 2, 2018, Defendants filed a motion for summary judgment on the grounds that

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Plaintiff failed to properly exhaust administrative remedies. (Doc. 45.) Currently before the

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Court is a stipulation singed by Plaintiff and counsel for Defendants, seeking to stay all non-

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exhaustion related discovery until after Defendants’ motion for summary judgment has been

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adjudicated.

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The district court “has broad discretion to stay proceedings as an incident to its power to

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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North

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American Co., 299 U.S. 248, 254 (1936)). Under the circumstances of this case, the Court finds

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that judicial efficiency and resources will be best served by granting the agreed stay here.

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Good cause appearing, it is HEREBY ORDERED that:

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1.

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The parties’ stipulated motion to stay all non-exhaustion related discovery (Doc.

55) is granted;
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Discovery shall only be conducted on the issue of exhaustion of administrative

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remedies until Defendants’ motion for summary judgment is fully briefed and submitted for

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ruling before the Court; and

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3.

The deadline to conduct all non-exhaustion related discovery will be reset by the

Court after Defendants’ pending motion for summary judgment has been ruled upon.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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