O'Neal v. Amah et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2014 GRANTING defendants' request to withdraw their 11 motion to revoke plaintiff's ifp status; and defendants are GRANTED 30 days to file a motion for summary judgment for failure to exhaust administrative remedies. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GLENN DAVID O’NEAL,

12

Plaintiff,

13
14
15

v.

No. 2:14-cv-1597 KJN P

ORDER

CHAPLAIN AMAH, et al.,
Defendants.

16
17

Plaintiff is a state prisoner proceeding without counsel. On October 16, 2014, defendants

18

filed a motion to revoke plaintiff’s in forma pauperis status and to dismiss this action. Plaintiff

19

filed an opposition. On November 25, 2014, defendants filed a reply in which they acknowledge

20

that one of the cases on which they relied, O’Neal v. Solis, Case No. 1:12-cv-1299 RRB (E.D.

21

Cal.), is currently on appeal in the Ninth Circuit, Case No. 13-16832, and therefore cannot count

22

as a strike under 28 U.S.C. § 1915(g). (ECF No. 13 at 1.) Therefore, defendants withdraw their

23

motion, and ask the court to refrain from requiring an answer inasmuch as they intend to file a

24

motion for summary judgment for failure to exhaust administrative remedies. Good cause

25

appearing, IT IS HEREBY ORDERED that:

26

1. Defendants’ request to withdraw their motion to revoke (ECF No. 11) is granted;

27

2. Defendants are granted thirty days from the date of this order in which to file a motion

28

for summary judgment for failure to exhaust administrative remedies. Plaintiff’s opposition shall

1

be filed twenty-one days after service of the motion, and defendants’ reply shall be filed seven

2

days thereafter.

3

Dated: December 2, 2014

4
5

/onea1597.36

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2