Govea v. Fox et al.

Filing 37

ORDER signed by Magistrate Judge Deborah Barnes on 7/2/2019 DENYING 30 Motion to Dismiss without prejudice to renewal after stay is lifted. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE R. GOVEA,

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Plaintiff,

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No. 2:15-cv-2545 DB P

v.

ORDER

ROBERT W. FOX, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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under 42 U.S.C. § 1983. Plaintiff claims defendants failed to provide him with adequate medical

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treatment in violation of the Eighth Amendment.
By order dated May 29, 2019, the court referred this action to its Post-Screening ADR

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(Alternative Dispute Resolution) Project and stayed this action for 120 days. (ECF No. 26.) The

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parties were instructed that no pleadings or other documents were to be filed during the stay. (Id.)

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After imposition of the stay, defendant Fox filed a motion to dismiss. (ECF No. 30.) Because

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this action is temporarily stayed, the court will deny without prejudice defendant Fox’s motion to

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dismiss. Defendant may refile the motion if this action is not resolved during the settlement

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conference.

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Accordingly, IT IS HEREBY ORDERED that defendant Fox’s motion to dismiss (ECF No.

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30) is denied without prejudice to its renewal after the stay is lifted.

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Dated: July 2, 2019

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DLB:12
DLB:1/Orders/prisoner-civil rights/gove2545.mtd.stay

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