Callins v. Stainer et al

Filing 48

ORDER following Initial Scheduling Conference signed by Magistrate Judge Erica P. Grosjean on 9/11/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLTON R. CALLINS,

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Case No. 1:17-cv-00840-DAD-EPG (PC)

Plaintiff,

ORDER FOLLOWING INITIAL
SCHEDULING CONFERENCE

v.
C. PFEIFFER, et al.,
Defendants.

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Carlton Callins (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 11, 2019, the Court

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held an Initial Scheduling Conference (“Scheduling Conference”). Plaintiff telephonically

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appeared on his own behalf. Counsel Robert Perkins and Jon Allin telephonically appeared on

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behalf of Defendants.

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Based on input from the parties, and for the reasons discussed on the record, the Court

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determined that the issue of exhaustion of available administrative remedies should be decided

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before the case proceeds further.

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Accordingly, for the reasons stated on the record at the Scheduling Conference, IT IS
ORDERED that:
1. The case is stayed, except for the issue of exhaustion of available administrative

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remedies.

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2. Discovery is opened only as to the issue of exhaustion of available

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administrative remedies. Responses to discovery requests are due within thirty

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days after service of the request.

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3. Defendants have until November 22, 2019, to file a motion for summary

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judgment on the basis that Plaintiff failed to exhaust his available administrative

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remedies, or to file a statement that they are waiving their exhaustion defense. If

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Defendants file a motion for summary judgment, Plaintiff’s opposition is due

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December 20, 2019, and Defendants’ reply is due January 15, 2020.

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4. The Court will issue a further schedule once the issue of exhaustion is decided,

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or upon further order of the Court.

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IT IS SO ORDERED.
Dated:

September 11, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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