Bell v. Martel et al

Filing 89

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/10/2020 GRANTING 88 Motion to Modify the Scheduling Order; VACATING all pending deadlines in this case; and STAYING discovery pending further order of the court. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL XAVIER BELL, 12 Plaintiff, 13 14 No. 2:17-cv-00063-MCE-CKD (PC) v. ORDER MICHAEL MARTEL, et al., 15 Defendants. 16 Plaintiff is a state prisoner currently in custody at the L.A. Men’s Central Jail. Plaintiff is 17 18 proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 19 1983. On May 14, 2020, defendants filed a motion to modify the discovery and scheduling order 20 which plaintiff has not opposed. ECF No. 88. Also pending before the court is defendants’ 21 motion for summary judgment based on plaintiff’s failure to exhaust his administrative remedies 22 on all claims except the excessive force claims against defendants Wagner and Richardson. ECF 23 No. 86. In light of the pending summary judgment motion as well as the difficulties in scheduling 24 related to plaintiff’s custody status and COVID-19, the court will stay all discovery in this case 25 and vacate all deadlines pending resolution of the motion for summary judgment. The discovery 26 deadlines governing this case will be reset as necessary following resolution of the pending 27 summary judgment motion. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendants’ motion to modify the scheduling order (ECF No. 88) is granted for good 3 4 5 6 7 cause shown. 2. All pending deadlines in this case are vacated and will be reset as necessary following resolution of defendants’ motion for summary judgment. 3. Discovery is stayed pending further order of the court. Dated: June 10, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 12/bell0063.EOTdisco.docx 17 18 19 20 21 22 23 24 25 26 27 28 2

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