Garces v. Pickett et al

Filing 76

ORDER signed by Magistrate Judge Allison Claire on 5/28/2019 GRANTING plaintiff's 74 motion for an extension of time to respond to defendants' motion for judgment on the pleadings and DENYING as moot plaintiff's 75 motion for a stay. Plaintiff shall have 30 days from the service of this order to respond to defendants' motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL GARCES,

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Plaintiff,

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v.

No. 2:17-cv-0319 JAM AC P

ORDER

J. PICKETT, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has requested an extension of time to respond to defendants’ motion for judgment on the

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pleadings and a stay of all motions and discovery. ECF Nos. 74, 75. Plaintiff asserts that even

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though the settlement conference previously scheduled in this case for May 20, 2019, was vacated

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on April 8, 2019, he was still transported to the courthouse, separating him from his legal

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property and interfering with his access to the law library. Id.

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It is clear that plaintiff should not have been transported to the court, as the settlement

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conference was cancelled well in advance, and appropriate notifications were sent to the prison.

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Good cause appearing, plaintiff’s request for an extension of time to respond to the motion for

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judgment on the pleadings will be granted. However, his request to stay discovery and any other

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deadlines in the scheduling order will be denied as moot because the court has already stayed any

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outstanding discovery pending resolution of defendants’ motion for judgment and the deadlines in
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the scheduling order have been vacated. ECF No. 68.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to respond to defendants’ motion for

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judgment on the pleadings (ECF No. 74) is granted. Plaintiff shall have thirty days from the

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service of this order to respond to defendants’ motion.

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2. Plaintiff’s motion for stay (ECF No. 75) is denied as moot.
DATED: May 28, 2019

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