Hammler v. Davis et al

Filing 56

ORDER signed by Magistrate Judge Allison Claire on 06/16/16 plaintiffs request to modify the discovery and scheduling order in this action, 55 , is granted; all deadlines are vacated pending further order of this court. Plaintiffs request for a court order to facilitate his telephone interviews with witnesses, 54 , is denied without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:14-cv-2073 MCE AC P

Plaintiff,
v.

ORDER

C. DAVIS,
Defendant.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to

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42 U.S.C. § 1983. Presently pending is plaintiff’s request to modify the discovery and scheduling

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order, and motion for a court order that would direct and facilitate telephone interviews between

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plaintiff and two of his witnesses, both incarcerated.

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Plaintiff’s request to modify the scheduling order will be granted; however, plaintiff’s

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request for assistance to schedule witness interviews will be denied as premature. Defendant has

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filed a motion for summary judgment premised on plaintiff’s alleged failure to exhaust his

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administrative remedies. See ECF No. 49. That motion is now fully briefed and submitted for

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decision by the court. Pending that decision, discovery on plaintiff’s substantive claims is

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unnecessary. Therefore, the current deadlines will be vacated; new deadlines for discovery and

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the filing of dispositive motions will be made if defendant’s motion is denied and this case

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proceeds on the merits.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to modify the discovery and scheduling order in this action, ECF No.

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55, is granted; all deadlines are vacated pending further order of this court.
2. Plaintiff’s request for a court order to facilitate his telephone interviews with witnesses,
ECF No. 54, is denied without prejudice.

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SO ORDERED.

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DATED: June 16, 2016

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