Stephen v. Montejo et al

Filing 145

ORDER signed by Magistrate Judge Deborah Barnes on 10/27/2022 GRANTING 142 Motion for Extension of Time, VACATING the 10/30/2022 Dispositive Motion Deadline, and ORDERING that defendant shall submit a response to 144 filing within 20 days of the filed date of this order. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE EARL STEPHENS,

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Plaintiff,

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No. 2:18-cv-1796 KJM DB P

v.

ORDER

E. MONTEJO,

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Defendant.

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

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Plaintiff alleges defendant was deliberately indifferent to his serious medical needs in violation of

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the Eighth Amendment. Several motions are pending before the court. First, plaintiff moved to

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amend his third amended complaint and sought an injunction against a non-party. (ECF Nos.

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114, 124.) On June 29, 2022, this court recommended plaintiff’s motions be denied. (ECF No.

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128.) Chief Judge Mueller has not yet ruled on that recommendation. Second, on August 16,

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defendant filed a motion for terminating sanctions based on plaintiff’s failure to respond to court-

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ordered discovery. (ECF No. 136.) Third, on October 14, defendant moved to modify the

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discovery and scheduling order. (ECF No. 142.) Finally, on October 26, plaintiff filed a

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document in which he states that he complied with the discovery order and that his request for

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sanctions is still active. (ECF No. 144.)

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At this time, this court finds it appropriate to lift the dispositive motion deadline set out in

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the discovery and scheduling order. This court will, if necessary, set a new deadline after both

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defendant’s motion for terminating sanctions and plaintiff’s motion to amend are resolved. In

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addition, this court will require defendant to respond to plaintiff’s statements in his recent filing

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that he has complied with the court’s June 29 order granting defendant’s motion to compel and

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that defendant’s prior counsel included a confidential document in a public filing.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

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1. Defendant’s motion for an extension of the dispositive motion deadline (ECF No. 142)

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is granted. The October 30, 2022 deadline for filing dispositive motions is vacated.
2. Within twenty days of the filed date of this order, defendant shall submit a response to

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plaintiff’s October 26, 2022 filing.

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DATED: October 27, 2022

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB Prisoner Inbox/Civil Rights/R/step1796.dso eot

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