Drake v. Kernan, et al.

Filing 46

ORDER denying Defendants' Request for separate exhaustion deadline as moot 44 signed by Magistrate Judge Stanley A. Boone on 12/27/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAM DRAKE,

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Plaintiff,

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v.
SCOTT KERNAN, et al.,

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Defendants.

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Case No.: 1:17-cv-01500-AWI-SAB (PC)
ORDER DENYING DEFENDANTS’ REQUEST
FOR SEPARATE EXHAUSTION DEADLINE AS
MOOT
[ECF No. 44]

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Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. On December 19, 2018, Defendants filed an answer to the complaint,

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along with a separate request for the Court to issue a separate scheduling order for exhaustion-related

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discovery and dispositive-motion deadlines. (ECF Nos. 43, 44.)
On December 27, 2018, the Court issued the discovery and scheduling order. Pursuant to the

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order, the deadline for filing an exhaustion-related motion for summary judgment is March 27, 2019.1

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Therefore, Defendants’ request to set a separate deadline for the filing of an exhaustion-related motion

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for summary judgment is denied as moot. Defendants are further advised that if an exhaustion motion

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is filed, they may move for a stay of merits-based discovery, if so desired.

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IT IS SO ORDERED.

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Dated:

December 27, 2018
UNITED STATES MAGISTRATE JUDGE

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Indeed, the Court’s discovery and scheduling order issued in prisoner civil rights actions always includes a separate
deadline for the filing of an exhaustion-related motion for summary judgment. Therefore, such future requests in this Court
are unnecessary.

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