Stephen v. Montejo et al

Filing 65

ORDER signed by Magistrate Judge Deborah Barnes on 2/13/2020 GRANTING plaintiff's 64 motion to stay the 2/3/2020 Order. The deadlines set out in the 59 order for filing an answer and for filing objections to the findings and recommendat ions are LIFTED. Within 21 days, defendant shall file responses to plaintiff's 60 , 61 motion to amend and to plaintiff's 62 motion for an emergency injunction. Within 15 days after they are served on him, plaintiff may file reply briefs to defendant's responses. (Yin, K)

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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 JIMMIE STEPHEN, 12 Plaintiff, 13 14 No. 2:18-cv-1796 KJM DB P v. ORDER E. MONTEJO, 15 Defendant. 16 Plaintiff is a state prisoner proceeding pro se with an action under 42 U.S.C. § 1983. 17 18 Plaintiff alleges deliberate indifference to his serious medical needs in violation of the Eighth 19 Amendment. On February 5, 2020, plaintiff filed a motion to amend his complaint and, on 20 February 12, filed a third amended complaint. In a separate filing, plaintiff again seeks an 21 injunction requiring immediate treatment for prostate cancer. Plaintiff has also filed a motion to 22 stay the court’s order and findings and recommendations filed February 3, 2020 pending the 23 outcome of his motion to amend. 24 Good cause appearing, IT IS HEREBY ORDERED as follows: 25 1. Plaintiff’s motion to stay the February 3 order (ECF No. 64) is granted. The deadlines 26 set out in that order for filing an answer and for filing objections are lifted. 27 //// 28 //// 1 1 2. Within twenty days of the date of this order, defendant shall file responses to plaintiff’s 2 motion to amend (ECF Nos. 60, 61) and to plaintiff’s motion for an emergency injunction (ECF 3 No. 62). 4 3. Within fifteen days after they are served on him, plaintiff may file reply briefs to 5 defendant’s responses. 6 Dated: February 13, 2020 7 8 9 10 11 12 13 14 DLB:9 DB/prisoner-civil rights/step1796.mta oppo 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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