Peck v. Naman et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2017 GRANTING 22 Motion to Opt Out; PARTIALLY GRANTING 23 Motion to Rescind Stay; LIFTING the stay of this action; and ORDERING Plaintiff to file an opposition or statement of non-opposition to 20 Motion to Dismiss within 21 days from the date of this order. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ROBERT PECK, JR.,

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v.

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Case No. 2:16-cv-0736 KJM KJN
Plaintiff, ORDER GRANTING DEFENDANTS’
REQUEST TO OPT OUT OF THE POSTSCREENING ADR PROJECT AND
PROCEED ON THEIR MOTION TO
DISMISS (ECF No. 20)

JULIE NAMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. In his civil rights complaint under

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42 U.S.C. § 1983, plaintiff challenges the seizing of monies from his inmate trust account. On

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September 5, 2017, after investigating plaintiff’s claims, speaking with plaintiff, and conferring

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with counsel’s supervisor, defendants filed a request to opt out of the post-screening ADR

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project, and proceed with their presently pending motion to dismiss. On September 11, 2017,

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plaintiff filed a motion to rescind the stay, based on defendants’ request to opt out of the ADR

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project.

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After reviewing the request and the motion, as well as the motion to dismiss, the court finds

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good cause to grant both defendants’ request and plaintiff’s motion to lift the stay. Plaintiff also

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asks the court to order defendants to file an answer without further delay. However, because

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defendants filed a motion to dismiss, the motion to dismiss must first be resolved before

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defendants are required to file an answer. Plaintiff is directed to file an opposition to the motion

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to dismiss.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to opt out (ECF No. 22) is granted;

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2. Plaintiff’s motion (ECF No. 23) is partially granted;

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3. The stay of this action is lifted;

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4. Plaintiff shall file an opposition or statement of non-opposition to defendants’ motion to

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dismiss (ECF No. 20) within twenty-one days from the date of this order; and

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5. Defendants’ reply, if any, shall be filed seven days thereafter.

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Dated: September 25, 2017

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/peck0736.optout