Johnson v. Felker et al

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/2014 GRANTING defendants' 35 motion to modify; defendants shall file their motion for summary judgment for failure to exhaust within 30 days; discovery is STAYED until defendants' motion for summary judgment for failure to exhaust is resolved; and 30 days after the district court rules on defendants' motion for summary judgment for failure to exhaust, the parties may serve discovery requests, if appropriate. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE JOHNSON,

Case No. 2:12-cv-02719 GEB KJN P

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Plaintiff, ORDER
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v.
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FELKER, et al.,

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Defendants.

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On July 11, 2014, defendants filed a motion to modify the discovery and scheduling order

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in light of their intention to file a motion for summary judgment based on plaintiff’s alleged

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failure to exhaust his administrative remedies. Having considered defendants’ motion, and good

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cause appearing therefor, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify (ECF No. 35) is granted;

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2. Defendants shall file their motion for summary judgment for failure to exhaust within

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thirty days from the date of this order;
3. Discovery is stayed until defendants’ motion for summary judgment for failure to

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exhaust is resolved; and

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4. Thirty days after the district court rules on defendants’ motion for summary judgment

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for failure to exhaust, the parties may serve discovery requests, if appropriate.

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Dated: July 18, 2014

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/john2719.stydsc