(PC) Cisneros v. Moreno, Jr.

Filing 17

ORDER Granting Defendants' Motion to Opt-Out of the ADR Project; ORDER Directing Clerk of Court to Lift Stay; and ORDER Directing Plaintiff to File Response to Motion to Dismiss Within Thirty (30) Days signed by Magistrate Judge Jennifer L. Thurston on 9/14/2020. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT CISNEROS, 12 Plaintiff, 13 14 v. Defendant. 16 17 ORDER GRANTING DEFENDANTS’ MOTION TO OPT-OUT OF THE ADR PROJECT; ORDER DIRECTING CLERK OF COURT TO LIFT STAY; AND L. MORENO, JR., 15 Case No. 1:19-cv-1676 JLT PC ORDER DIRECTING PLAINTIFF TO FILE RESPONSE TO MOTION TO DISMISS THIRTY-DAY DEADLINE 18 19 This case was referred to the Post-Screening Alternative Dispute Resolution (“ADR”) 20 Project on July 27, 2020. Defendants have now filed a motion to dismiss for failure to exhaust 21 administrative remedies and a motion to dismiss as barred based on Plaintiff’s request to dismiss 22 with prejudice a previously filed case stemming from the same allegations asserted here. The Court 23 construes Defendants’ motion to dismiss as also including a motion to opt-out of the ADR Project. 24 Good cause appearing, the Court ORDERS as follows: 25 1. Defendants’ motion to opt-out of the ADR project is granted; 26 2. The Clerk of Court is directed to lift the stay in this case; and 27 //// 28 //// 1 1 3. Plaintiff is directed to file his response to the motion to dismiss within thirty days from 2 the date of this order. 3 4 5 IT IS SO ORDERED. Dated: September 14, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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