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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHARLES ROBERT PECK, JR., 13 14 v. 15 16 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., 17 Defendants. 18 19 Plaintiff is a state prisoner, proceeding without counsel. In his civil rights complaint under 20 42 U.S.C. § 1983, plaintiff challenges the seizing of monies from his inmate trust account. On 21 September 5, 2017, after investigating plaintiff’s claims, speaking with plaintiff, and conferring 22 with counsel’s supervisor, defendants filed a request to opt out of the post-screening ADR 23 project, and proceed with their presently pending motion to dismiss. On September 11, 2017, 24 plaintiff filed a motion to rescind the stay, based on defendants’ request to opt out of the ADR 25 project. 26 After reviewing the request and the motion, as well as the motion to dismiss, the court finds 27 good cause to grant both defendants’ request and plaintiff’s motion to lift the stay. Plaintiff also 28 asks the court to order defendants to file an answer without further delay. However, because 1 defendants filed a motion to dismiss, the motion to dismiss must first be resolved before 2 defendants are required to file an answer. Plaintiff is directed to file an opposition to the motion 3 to dismiss. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Defendants’ motion to opt out (ECF No. 22) is granted; 6 2. Plaintiff’s motion (ECF No. 23) is partially granted; 7 3. The stay of this action is lifted; 8 4. Plaintiff shall file an opposition or statement of non-opposition to defendants’ motion to 9 dismiss (ECF No. 20) within twenty-one days from the date of this order; and 10 5. Defendants’ reply, if any, shall be filed seven days thereafter. 11 Dated: September 25, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /peck0736.optout

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