Garcia v. California Department of Correction & Rehabilitation, et al

Filing 106

ORDER signed by Magistrate Judge Allison Claire on 07/25/17 ordering Plaintiffs request for permission to file a supplemental motion for summary judgment, 104 , and plaintiffs supplemental motion for summary judgment, 105 , are denied without prejud ice. The parties may conduct discovery until September 29, 2017. Any motions necessary to compel discovery shall be filed and served by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date. No pretrial dispositive motion shall be filed prior to the close of discovery; therefore,all pretrial disposition motions (e.g., motions for summary judgment) must be filed and served on or after October 2, 2017. All pretrial dispositive motions shall be filed and served no later than December 15,2017. Motions shall be briefed in accordance with paragraph 8 of this courts order filed January 6, 2015 20 . (Plummer, M) Modified on 7/25/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY R. GARCIA,

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No. 2:13-cv-1952 JAM AC P

Plaintiff,
v.

ORDER

C/O HEATH, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with this civil rights action, has again filed a

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premature motion for summary judgment and request for permission to proceed on that motion.

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See ECF Nos. 104-05. For the reasons previously stated by the undersigned, see ECF No. 102,

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plaintiff’s motions are denied without prejudice. As explined in the court’s prior order, no

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pretrial dispositive motion may be filed in this action prior to the close of discovery. Id. at 2. It

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appears that plaintiff prepared the pending matters prior to receiving the court’s order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for permission to file a supplemental motion for summary judgment,

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ECF No. 104, and plaintiff’s supplemental motion for summary judgment, ECF No. 105, are

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denied without prejudice.

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2. The parties may conduct discovery until September 29, 2017. Any motions necessary

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to compel discovery shall be filed and served by that date. All requests for discovery pursuant to
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Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date.
3. No pretrial dispositive motion shall be filed prior to the close of discovery; therefore,

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all pretrial disposition motions (e.g., motions for summary judgment) must be filed and served on

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or after October 2, 2017.

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4. All pretrial dispositive motions shall be filed and served no later than December 15,

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2017. Motions shall be briefed in accordance with paragraph 8 of this court’s order filed January

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6, 2015 (see ECF No. 20).

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IT IS SO ORDERED.
DATED: July 25, 2017

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