Walker v. Mohadjer et al

Filing 101

ORDER signed by Magistrate Judge Allison Claire on 7/16/2015 GRANTING defendants' 100 motion to stay discovery; and the dates in the 86 Discovery and Scheduling Order are VACATED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY E. WALKER,

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No. 2:13-cv-1193 WBS AC P

Plaintiff,
v.

ORDER

MOHADJER, Clinical Psychologist, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action. On April 7, 2015,

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the court issued a Discovery and Scheduling order setting July 31, 2015 as the last day to conduct

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discovery and requiring that any motions to compel be filed by that date. ECF No. 86 at 5.

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On July 14, 2015, defendants moved for summary judgment, asserting that plaintiff failed

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to exhaust his administrative remedies. ECF No. 99. On the same date, defendants moved to stay

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discovery pending resolution of the summary judgment motion. ECF No. 100. Defendants also

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requested that the discovery deadline be extended until forty-five days after the court rules on

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defendants’ motion for summary judgment. Id.

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Good cause appearing, defendants’ motion is granted. Discovery is stayed pending

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resolution of defendants’ summary judgment motion. The deadlines for discovery and the filing

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of pre-trial motions set forth in the Discovery and Scheduling Order, ECF No. 86, are vacated.

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An amended scheduling order will issue if necessary after defendants’ summary judgment motion
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on exhaustion grounds is resolved.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to stay discovery (ECF No. 100) is granted; and

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2. The dates in the Discovery and Scheduling Order, ECF No. 86, are vacated.

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DATED: July 16, 2015

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