Cervantes v. Williamson, et al.

Filing 52

ORDER signed by Magistrate Judge Deborah Barnes on 4/11/17 ORDERING that the Pretrial Motions deadline is EXTENDED to May 13, 2017.(Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL CERVANTES, 12 Plaintiff, 13 14 No. 2:15-cv-02138 DB v. ORDER SERGEANT WILLIAMSON, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983 alleging excessive force against correctional officers for taking him to the 19 ground during an escort. On March 31, 2017, District Judge Kimberly J. Mueller denied 20 defendant Burciaga’s motion for summary judgment for failure to exhaust administrative 21 remedies without prejudice. (ECF No. 47.) The discovery and scheduling order entered in this 22 case requires discovery to be completed by December 16, 2016 and pretrial motions to be filed by 23 March 10, 2017. (ECF No. 31.) At the time that the pretrial motion deadline lapsed, defendant 24 Burciaga’s motion for summary judgment for failure to exhaust administrative remedies was still 25 pending. Accordingly, the parties did not have the opportunity to file pretrial motions. 26 //// 27 //// 28 //// 1 1 Therefore, IT IS HEREBY ORDERED that the pretrial motions deadline shall be 2 extended to May 13, 2017. 3 Dated: April 11, 2017 4 5 6 7 8 9 10 11 12 13 TIM-DLB:10 DB / ORDERS / ORDERS.PRISONER.CIVIL RIGHTS / cerv.2138.ext 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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