Crane v. Rodriguez et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/2016 GRANTING defendants' 44 request for an extension of time; defendants shall file a responsive pleading 14 days after disposition of the three strikes motion. Defendants' 40 request for stay is PARTIALLY GRANTED; discovery is STAYED pending resolution of the pending motion; and plaintiff's 43 motion for judicial notice is DENIED without prejudice. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSEPH CRANE,

Case No. 2:15-cv-0208 TLN KJN P

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Plaintiff, ORDER
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v.
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RODRIGUEZ, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On January 12, 2016, defendants

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filed a motion to vacate plaintiff’s in forma pauperis status based on his alleged violation of 28

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U.S.C. § 1915(g) (“three strikes), and a request to stay this action pending ruling on such motion.

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On January 22, 2016, defendants filed a request for extension of time to file a responsive pleading

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until fourteen days after the court rules on the motion to vacate plaintiff’s in forma pauperis status

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(ECF No. 40). Good cause appearing, defendants’ request for an extension of time to file their

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responsive pleading is granted. Defendants’ request for stay is partially granted; discovery is

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stayed pending resolution of the pending motion.

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On January 11, 2016, plaintiff filed a document styled “Motion Requesting Judicial Notice”

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that appears directed to the substance of the instant action. (ECF No. 43.) However, motions for

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summary judgment have not yet been filed, and the court has not ordered plaintiff to file such

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evidence. Thus, plaintiff’s motion is premature and is denied without prejudice to its renewal at

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the appropriate time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ request for an extension of time (ECF No. 44) is granted;

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2. Defendants shall file a responsive pleading fourteen days after disposition of the three

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strikes motion;
3. Defendants’ request for stay (ECF No. 40) is partially granted; discovery is stayed
pending resolution of the pending motion; and
4. Plaintiff’s motion for judicial notice (ECF No. 43) is denied without prejudice.
Dated: January 25, 2016

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cran0208.eot

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