(PC) Hodges v. Seibert et al

Filing 48

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/08/21 ORDERING defendant shall file a response to plaintiffs motion to modify the discovery and scheduling order within 21 days from the date of this order. Plaintiff may file a reply within 14 days from the date of service of defendants response.(Plummer, M)

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Case 2:20-cv-00896-JAM-CKD Document 48 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ALBERT HODGES, 12 13 14 No. 2:20-cv-00896-JAM-CKD P Plaintiff, v. ORDER J. SEIBERT, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 18 U.S.C. § 1983. On August 29, 2021, plaintiff filed a letter explaining that he had to wait two 19 weeks to receive his legal property due to a prison transfer beyond his control. As a result, 20 plaintiff was delayed sending out his discovery requests to defendant. 21 The court liberally construes plaintiff’s letter as a motion to modify the discovery and 22 scheduling order entered in this case on April 7, 2021. The court will order defendant to file a 23 response to the motion within 21 days. Plaintiff may file a reply within 14 days from the date of 24 service of defendant’s response. The motion will be deemed submitted on the papers after the 25 receipt of the parties’ briefs or the expiration of the deadline for filing them. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 Defendant shall file a response to plaintiff’s motion to modify the discovery and scheduling order within 21 days from the date of this order. 1 Case 2:20-cv-00896-JAM-CKD Document 48 Filed 09/08/21 Page 2 of 2 1 2 3 2. Plaintiff may file a reply within 14 days from the date of service of defendant’s response. Dated: September 8, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/hodg0896.modifyDSO.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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