Davis v. Wheeler et al

Filing 48

ORDER signed by Magistrate Judge Dennis M. Cota on 9/16/20 GRANTING 46 Motion to stay merit's base discovery and to vacate the discovery and dispositive motion deadlines in the 35 Discovery and Scheduling order pending resolution of defendants' 45 motion for summary judgment on the issue of exhaustion. The court will reopen discovery and reset these deadlines, if necessary, if summary judgment is denied. (Plummer, M)

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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 ANTHONY DAVIS, 12 13 14 15 No. 2:16-CV-2917-TLN-DMC-P Plaintiff, v. ORDER Z. WHEELER, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to stay and vacate discovery 19 (ECF No. 46). Good cause appearing, the Court GRANTS Defendants’ motion to stay merits- 20 based discovery and to vacate the discovery and dispositive motion deadlines in the Discovery 21 and Scheduling Order (ECF No. 35) pending resolution of Defendants’ motion for summary 22 judgment on the issue of exhaustion (ECF No. 45). The Court will reopen discovery and reset 23 these deadlines, if necessary, if summary judgment is denied. 24 IT IS SO ORDERED. 25 26 Dated: September 16, 2020 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 27 28 1

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