Ellis v. Baraceros et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 06/22/18 ORDERING that Plaintiff's 42 Request for subpoenas is DENIED as premature; plaintiff's 43 Motion for extension of time to file pretrial motions is GRANTED IN PART 43 ; D efendants' 44 motion to modify is GRANTED IN PART. The 06/22/18 deadline for filing pretrial motions is VACATED; and a modified discovery and scheduling order shall issue after the district court addresses the pending findings and recommendations. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BENJAMIN F. ELLIS,

12

No. 2:16-cv-1083 JAM KJN P

Plaintiff,

13

v.

ORDER

14

LAMI P. BARACEROS, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel. Under the December 7, 2017

18

scheduling order, the pretrial motions deadline expires on June 22, 2018. On June 18, 2018,

19

plaintiff filed a request for subpoenas, and a motion for a sixty-day extension of time in which to

20

file a pretrial motion. On June 21, 2018, defendants filed a motion to modify the discovery and

21

scheduling order.

22

On June 19, 2018, the undersigned recommended that defendants’ motion for summary

23

judgment on the issue of administrative exhaustion be granted in part and denied in part. The

24

district court has not yet addressed the findings and recommendations and the objection period

25

remains pending at this time.
Therefore, plaintiff’s motion for subpoenas is premature. The parties’ motions concerning

26
27

the discovery and scheduling order are partially granted in that the undersigned will vacate the

28

////

1

June 22, 2018 dispositive motion deadline, and will issue a modified discovery and scheduling

2

order once the district court addresses the pending findings and recommendations.

3

Good cause appearing, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s request for subpoenas (ECF No. 42) is denied as premature;

5

2. Plaintiff’s motion for extension of time to file pretrial motions (ECF No. 43) is

6

partially granted;

7

3. Defendants’ motion to modify (ECF No. 44) is partially granted; and

8

4. The June 22, 2018 deadline for filing pretrial motions is vacated; and a modified

9

discovery and scheduling order shall issue after the district court addresses the pending findings

10

and recommendations.

11

Dated: June 22, 2018

12
13
elli1083.vac

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2