Winkler v. Godecki et al

Filing 37

ORDERED that the Motion for Hearing (ECF No. 34 ) is GRANTED IN PART, and an evidentiary hearing is SCHEDULED for 10:00 a.m., April 10, 2017 in Courtroom 6 of the Bruce R. Thompson Courthouse in Reno, Nevada. Signed by Judge Robert C. Jones on 2/17/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 11 ______________________________________ ) ) GARY J. WINKLER, ) ) Plaintiff, ) ) vs. ) ) GODECKI et al., ) ) Defendants. ) ) 3:13-cv-00711-RCJ-VPC ORDER 12 This is a prisoner civil rights case under 42 U.S.C. § 1983. After screening and summary 13 14 judgment, a single claim of excessive force remains for trial. The Court denied summary 15 judgment on the affirmative defense of non-exhaustion, and the remaining Defendant has 16 requested an evidentiary hearing on that issue. When summary judgment is denied on non- 17 exhaustion, the district judge must then determine the issue sitting as fact-finder at an evidentiary 18 hearing. Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014). Defendant has requested that the 19 parties receive at least 60 days’ notice of the hearing. 20 /// 21 /// 22 /// 23 /// 24 1 of 2 CONCLUSION 1 2 IT IS HEREBY ORDERED that the Motion for Hearing (ECF No. 34) is GRANTED IN 3 PART, and an evidentiary hearing is SCHEDULED for 10:00 a.m., April 10, 2017 in Courtroom 4 6 of the Bruce R. Thompson Courthouse in Reno, Nevada. 5 6 IT IS SO ORDERED. Dated this 17th day of February, 2017. 7 8 9 _____________________________________ ROBERT C. JONES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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