Allen v. Birdsong et al

Filing 38

SCHEDULING ORDER. Signed by Judge Jon S. Tigar on December 8, 2015. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 12/8/2015)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

KEVIN ALLEN,

Case No. 14-cv-04109-JST (PR)

Plaintiff,
7
v.

SCHEDULING ORDER

8
9

E. BIRDSONG, et al.,
Defendants.

10

United States District Court
Northern District of California

11
12

Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint

13

pursuant to 42 U.S.C. § 1983 against prison officials at Salinas Valley State Prison (“SVSP”),

14

where he is currently incarcerated. On July 21, 2015 the Court found that, liberally construed, the

15

complaint stated a cognizable Eighth Amendment claim for deliberate indifference to serious

16

medical needs and ordered service upon four defendants. The Court directed defendants to file a

17

dispositive motion on or before October 21, 2015.

18

Defendants were not served until November 2015. Accordingly, in order to ensure

19

adequate time for defense counsel to prepare a dispositive motion, the briefing schedule for

20

dispositive motions set out in the Court’s July 21, 2015 order is VACATED, and the deadline for

21

defendants to file their dispositive motion is CONTINUED to March 8, 2016. Plaintiff shall file

22

any opposition to defendants’ motion within twenty-eight (28) days of the date the motion is

23

filed. Defendants shall file their reply within fourteen (14) days of the date the opposition is filed.

24
25
26
27
28

IT IS SO ORDERED.
Dated: December 8, 2015
______________________________________
JON S. TIGAR
United States District Judge