Lee v. McGucken

Filing 31

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART DEFENDANTS 30 REQUEST FOR A SECOND EXTENSION OF TIME TO FILE DISPOSITIVE MOTION; VACATING BRIEFING SCHEDULE. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/5/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PERRIS J. LEE,
Plaintiff,

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v.

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E. KNOX, et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 18-cv-03689-HSG
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
REQUEST FOR A SECOND
EXTENSION OF TIME TO FILE
DISPOSITIVE MOTION; VACATING
BRIEFING SCHEDULE
Dkt. No. 30

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On June 20, 2018, Plaintiff, an inmate at California State Prison–Sacramento, proceeding

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pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against officials and staff at

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Salinas Valley State Prison (“SVSP”), where he was previously incarcerated. Dkt. No. 1. On

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October 30, 2018, the Court reviewed the complaint and found that, liberally construed, it stated a

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cognizable Eighth Amendment claim against SVSP defendants E. Knox, Curry III, F. Medina, J.

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Streeper, H. Gasca, and I. McGuckin. Dkt. No. 7. On April 16, 2019, the Court dismissed the

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unserved defendant Curry, and reset the briefing schedule. Dkt. No. 24. On October 11, 2019,

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defendants informed the Court that on March 2, 2018, plaintiff was found mentally incompetent to

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stand trial in a criminal case pending in San Diego County Superior Court. Dkt. No. 29.

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Accordingly, the Court VACATES the current briefing schedule. The Court GRANTS IN PART

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AND DENIES IN PART Defendants’ motion for an extension of time to file a dispositive motion.

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Dkt. No. 30. The Court will not set a new deadline for dispositive motions at this time.

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This order terminates Dkt. No. 30.

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IT IS SO ORDERED.

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Dated: 11/5/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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