Frank v. Macomber et al

Filing 51

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/28/2017 GRANTING defendants 30 days to file a motion for summary judgment concerning plaintiff's failure to exhaust available administrative remedies. Plaintiff's opposition must be f iled within 30 days after the motion is filed. Defendants may file a reply brief within 14 days following the opposition. Discovery is STAYED. The court will set a schedule for discovery, and all other remaining matters, if necessary, after defendants' motion for summary judgment regarding exhaustion is resolved. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK WARREN, JR.,

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Plaintiff,

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No. 2:15-cv-2133 KJM CKD P

v.

ORDER

JEFF MACOMBER, et al.,

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Defendants.

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In light of the Ninth Circuit’s July 19, 2017 remand order, and good cause appearing, IT

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IS HEREBY ORDERED that:
1. Defendants are granted 30 days within which to file a motion for summary judgment

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concerning plaintiff’s failure to exhaust available administrative remedies. Plaintiff’s opposition

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must be filed within 30 days after the motion is filed. Defendants may file a reply brief within 14

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days following the filing of the opposition.

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2. Discovery is stayed.

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3. The court will set a schedule for discovery, and all other remaining matters, if

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necessary, after defendants’ motion for summary judgment regarding exhaustion is resolved.

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Dated: August 28, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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warr2133.msj

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