Chappell v. Duc et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 8/19/13 ORDERING that Defendant is granted 30 days from the date of this order in which to file a dispositive motion addressing the portion of plaintiffs Eighth Amendment claim alleging that defendant caused a delay in medical treatment; Plaintiffs opposition to the motion shall be filed thirty days thereafter; Defendants reply, if any, shall be filed fourteen days thereafter.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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No. 2:10-cv-2676 KJM AC P

Plaintiff,
v.

ORDER

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DUC, et al.,
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Defendants.

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983.

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This case proceeds on plaintiff’s second amended complaint filed August 19, 2012. On March

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30, 2013, defendant’s motion for summary judgment was granted in part and denied in part, and

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the case remanded to the undersigned for further proceedings. The district judge assigned to this

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case declined to adopt the portion of the findings and recommendations recommending that

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defendant be granted summary judgment on the issue of delayed medical care. The district judge

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found that summary judgment was not appropriate on the issue of delayed medical care because

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plaintiff had not been afforded sufficient notice that defendants’ motion addressed the issue of

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delayed medical care. Defendant filed a motion for reconsideration which was denied on August

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9, 2013.

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Good cause appearing, defendant will be granted thirty days in which to file a dispositive
motion addressing the sole remaining portion of plaintiff’s Eighth Amendment claim.
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In accordance with the above, IT IS HEREBY ORDERED as follows:

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1. Defendant is granted thirty days from the date of this order in which to file a

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dispositive motion addressing the portion of plaintiff’s Eighth Amendment claim

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alleging that defendant caused a delay in medical treatment;

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2. Plaintiff’s opposition to the motion shall be filed thirty days thereafter;

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3. Defendant’s reply, if any, shall be filed fourteen days thereafter.

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DATED: August 19, 2013

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AC:ls//chap2676.dispmot

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