(PC) Gilbert v. Allison et al

Filing 65

AMENDED SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 9/9/2021. Merits-Based Discovery due by 1/21/2022. Dispositive Motions filed by 3/25/2022. (Jessen, A)

Case 1:19-cv-01464-NONE-SAB Document 65 Filed 09/09/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES TRAYZON GILBERT,

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Plaintiff,

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v.
KATHLEEN ALLISON, et.al.,

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Defendants.

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Plaintiff Charles Trayzon Gilbert is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
On August 27, 2021, the Court denied Defendants’ exhaustion-related motion for summary

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) Case No.: 1:19-cv-01464-NONE-SAB (PC)
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) AMENDED SCHEDULING ORDER
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judgment, without prejudice. (ECF No. 63.)

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On September 1, 2021, Defendants were directed to notify the Court of their wish to proceed

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with an evidentiary hearing on the issue of exhaustion within seven days. (ECF No. 64.) The Court

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advised that if Defendants did not wish to proceed with an evidentiary hearing, the issue of exhaustion

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would be deemed waived and the Court would proceed to the merits of the case. (Id.)
Defendants have not filed a response to the September 1, 2021 order, and the Court, therefore,

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assumes Defendants do not wish to proceed with an evidentiary hearing and the issue of non-

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exhaustion of the administrative remedies is deemed waived.

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Case 1:19-cv-01464-NONE-SAB Document 65 Filed 09/09/21 Page 2 of 2

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Accordingly, it is HEREBY ORDERED that:

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The new merits-based discovery deadline is: January 21, 2022;

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The new dispositive motion deadline is: March 25, 2022; and

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All other substantive provisions of the Court’s May 11, 2020, discovery and scheduling
order remain in effect.

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IT IS SO ORDERED.

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Dated:

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September 9, 2021
UNITED STATES MAGISTRATE JUDGE

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