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