Lipsey v. Norum et al

Filing 176

ORDER signed by Magistrate Judge Deborah Barnes on 3/13/2019 ORDERING Defendants, within 30 days of the date of this order, to file a supplement to their motion to dismiss as described in this order and ORDERING Plaintiff to file a response within 30 days of the filing of Defendants' supplemental brief. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, Jr.,

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Plaintiff,

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No. 2:18-cv-0362 KJM DB P

v.

ORDER

RON BARNES, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding with an action under 42 U.S.C. § 1983. Plaintiff

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alleges defendants’ implementation and use of the Guard One security check system violated his

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Eighth Amendment rights. On January 3, 2018, defendants filed a motion to dismiss this action.

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Defendants allege, among other things, that they are entitled to qualified immunity because the

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Guard One system was implemented pursuant to a court order issued in the Coleman v. Brown

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class action.
On March 5, 2019, the district judge issued a ruling granting in part and denying in part

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the defendants’ similar motion to dismiss in Rico v. Beard, 2:17-cv-1402 KJM DB P. This court

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finds briefing on any effects of the Rico ruling on defendants’ present motion would be helpful.
Accordingly, IT IS HEREBY ORDERED as follows:

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1.

Within thirty days of the date of this order, defendants shall file a supplement to their

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motion to dismiss which addresses any effects on that motion of the district court’s

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March 5, 2019 decision in Rico.

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2. Within twenty days of the filing of defendants’ supplemental brief, plaintiff shall file a
response. Within ten days thereafter, defendants may file a reply.
Dated: March 13, 2019

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DLB:9
DB/prisoner-civil rights/lips0362.mtd supp brfs

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