(PC) Tufono v. Dhillion et al

Filing 30

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/24, ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to defendants' motion for summary judgment. Defendants' reply is due 14 days thereafter. (Salmeron, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARVELLO L. TUFONO,

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Plaintiff,

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v.

No. 2:23-cv-2691 DAD SCR P

ORDER

AMANDEEP DHILLION, et al.,

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Defendants.

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Plaintiff is a county inmate proceeding pro se with a civil rights action under 42 U.S.C.

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§1983. On August 12, 2024, defendants filed a motion for summary judgment. (ECF No. 26.)

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Defendants contend plaintiff failed to exhaust his administrative remedies prior to filing this suit.

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Defendants also filed a motion to stay discovery, except discovery related to the issue of

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exhaustion. (ECF No. 27.) In an order filed October 15, this court granted the stay and ordered

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plaintiff to inform the court within twenty-one days whether he wished to propound discovery on

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the issue of exhaustion or whether he does not seek discovery to oppose defendants’ motion for

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summary judgment. Twenty-one days have passed and plaintiff has not responded to the October

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15 order. Based on plaintiff’s non-response, this court will not permit discovery on the issue of

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exhaustion at this time. Plaintiff will be ordered to file an opposition to defendants’ motion for

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summary judgment.

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For the foregoing reasons, IT IS HEREBY ORDERED that within thirty days of the date

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of this order, plaintiff shall file an opposition to defendants’ motion for summary judgment.

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Defendants’ reply is due fourteen days thereafter.

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Dated: November 22, 2024

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