Bell v. Martel et al

Filing 102

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/17/2022 ORDERING the parties to submit a proposed further scheduling order within 30 days from the date of this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL XAVIER BELL,

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No. 2:17-cv-00063-MCE-CKD

Plaintiff,
v.

ORDER

MICHAEL MARTEL, et al.,

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Defendants.

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Plaintiff is a state prisoner, currently in county custody, who is proceeding pro se and in

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forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 23,

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2020, the district court judge assigned to this action adopted the Findings and Recommendations

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pertaining to defendants’ motion for summary judgment based on plaintiff’s failure to exhaust his

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administrative remedies. ECF No. 93. As a result, defendants Quinto, Brown, and Spalding were

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dismissed without prejudice. ECF No. 93. This action is proceeding on Eighth Amendment

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excessive force claims against the remaining defendants: Agapay, Gill, Go, Gatchalian, Simon,

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Uriquidez, Espino-Acevedo, Wagner, and Richardson. Id. Therefore, the parties are directed to

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submit a proposed further scheduling order in this case including a proposed cut-off date for

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discovery related to the merits of the remaining claims as well as a pretrial motions deadline. The

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parties are encouraged to submit a joint proposed scheduling order after meeting and conferring,

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if possible.
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Accordingly, IT IS HEREBY ORDERED that the parties submit a proposed further

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scheduling order within 30 days from the date of this order.

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Dated: March 17, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/bell0063.furtherschedule.docx

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