(PC) Lugo v. Fisher, et al.

Filing 81

ORDER GRANTING Defendants' Third 80 Motion to Modify the Discovery and Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 2/17/2021. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:19-cv-00039-NONE-SAB (PC)

KEITH ROBERT LUGO,

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Plaintiff,

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v.

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ORDER GRANTING DEFENDANTS’
THIRD MOTION TO MODIFY THE
DISCOVERY AND SCHEDULING ORDER

R. FISHER, et al.,

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(ECF No. 80)
Defendants.

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Plaintiff Keith Robert Lugo is a state prisoner proceeding pro se in a civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Defendants’ third motion to modify the discovery and
scheduling order, filed February 16, 2021.
On February 5, 2021, Plaintiff lodged a third amended complaint. (ECF No. 79.) The

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Court has not determined whether the lodged third amended complaint should be filed or

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screened the complaint to determine if Plaintiff states any cognizable claims. Defendants

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currently seek to either vacate the dispositive motion deadline and issue a new discovery and

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scheduling order after the third amended complaint is screened and found to be cognizable, or if

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the Court declines to file the lodged third amended complaint to stay the dispositive motion

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deadline until forty-five days after the order. (ECF No. 80.)

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Good cause having been presented, it is HEREBY ORDERED that the Court will: (1)

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issue a new discovery and scheduling order setting forth a new dispositive motion deadline and,

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to the extent necessary, discovery deadlines if the complaint if filed and found to state cognizable
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claims; or (2) set the dispositive motion forty-five days after the Court determines that the lodged

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third amended complaint should not be filed or does not state cognizable claims.

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IT IS SO ORDERED.
Dated:

February 17, 2021
UNITED STATES MAGISTRATE JUDGE

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