Ashanti v. Obama et al

Filing 83

ORDER signed by Magistrate Judge Kendall J. Newman on 5/17/16 ORDERING that plaintiff's motion for an extension of time to file a motion to compel (ECF No. 78 ) is GRANTED; plaintiffs motion to compel (ECF No. 82 ) is deemed timely filed; def endant shall file a response to the motion to compel within 21 days of the date of this order; plaintiff may file a reply within seven days thereafter; plaintiff is not required to file an opposition to defendants summary judgment motion until resolution of his motion to compel; Plaintiffs motion for a settlement conference and to stay this action pending a settlement conference (ECF No. 79 ) is DENIED.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASKIA ASHANTI,

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No. 2: 14-cv-1644 JAM KJN P

Plaintiff,
v.

ORDER

BARACK OBAMA, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an extension of time to file

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a motion to compel. For the reasons stated herein, this motion is granted.

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On April 1, 2016, the undersigned granted plaintiff thirty days to file a motion to compel

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regarding his previously served discovery requests. (ECF No. 76.) On May 2, 2016, plaintiff

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filed the pending motion for an extension of time to file a motion to compel. (ECF No. 78.) The

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grounds of this request are that the prison is on a temporary lockdown due to TB testing. On May

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10, 2016, plaintiff filed a motion to compel. (ECF No. 82.) Good cause appearing, plaintiff’s

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motion for extension of time is granted and the motion to compel is deemed timely filed.

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On May 6, 2016, defendant filed a summary judgment motion. (ECF No. 80.) Plaintiff is

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not required to file an opposition to the summary judgment motion until his motion to compel is

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resolved.
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On May 4, 2016, plaintiff filed a motion requesting a settlement conference and to stay

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this action pending the settlement conference. Following resolution of the summary judgment

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motion, the court will schedule a settlement conference, if appropriate. Accordingly, plaintiff’s

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motion for a settlement conference is denied as premature.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to file a motion to compel (ECF No. 78) is

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granted; plaintiff’s motion to compel (ECF No. 82) is deemed timely filed; defendant shall file a

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response to the motion to compel within twenty-one days of the date of this order; plaintiff may

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file a reply within seven days thereafter; plaintiff is not required to file an opposition to

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defendant’s summary judgment motion until resolution of his motion to compel;

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2. Plaintiff’s motion for a settlement conference and to stay this action pending a

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settlement conference (ECF No. 79) is denied.

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Dated: May 17, 2016

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