Stevens v. Beard et al

Filing 51

ORDER Following Remand and Directing Defendants to File a Response Within Twenty-One (21) Days signed by Magistrate Judge Stanley A. Boone on 1/11/2023. (Lawrence, A)

Case 1:17-cv-01002-AWI-SAB Document 51 Filed 01/11/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LYRALISA LAVENA STEVENS,
Plaintiff,

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ORDER FOLLOWING REMAND AND
DIRECTING DEFENDANTS TO FILE A
RESPONSE WITHIN TWENTY-ONE DAYS

v.

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Case No. 1:17-cv-01002-AWI-SAB (PC)

JEFFREY A. BEARD, et al.,

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(ECF Nos. 49, 50)

Defendants.

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Plaintiff Lyralisa Lavena Stevens is proceeding pro se and in forma pauperis in this civil

17 rights action filed pursuant to 42 U.S.C. § 1983.
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On March 28, 2019, Defendants’ motion to dismiss was granted based on claim

19 preclusion and failure to state a claim and judgment was entered. (ECF Nos. 38, 39.)
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Plaintiff filed a notice of appeal on April 22, 2019. (ECF No. 40.)

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On December 19, 2022, the United States Court of Appeals for the Ninth Circuit reversed

22 and remanded this action finding Plaintiff’s Eighth Amendment medical claim was not barred by
23 the state courts rejection of his habeas petition and his claim should proceed on the merits. (ECF
24 No. 49.) The mandate was issued on January 10, 2023. (ECF No. 50.)
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Case 1:17-cv-01002-AWI-SAB Document 51 Filed 01/11/23 Page 2 of 2

Based on the foregoing, it is HEREBY ORDERED that Defendants shall file a response

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2 to Plaintiff’s complaint, filed on July 28, 2017 (ECF No. 1), within twenty-one (21) days from
3 the date of service of this order.
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IT IS SO ORDERED.

6 Dated:

January 11, 2023
UNITED STATES MAGISTRATE JUDGE

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