Drake v. Kernan, 1:17-cv-01500-AWI-SAB (PC). (2018)
Court: District Court, E.D. California
Number: infdco20181228726
Visitors: 13
Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: ORDER DENYING DEFENDANTS' REQUEST FOR SEPARATE EXHAUSTION DEADLINE AS MOOT [ECF No. 44] STANLEY A. BOONE , Magistrate Judge . Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On December 19, 2018, Defendants filed an answer to the complaint, along with a separate request for the Court to issue a separate scheduling order for exhaustion-related discovery and dispositive-motion deadlines. (ECF Nos. 43, 44.) On December 27
Summary: ORDER DENYING DEFENDANTS' REQUEST FOR SEPARATE EXHAUSTION DEADLINE AS MOOT [ECF No. 44] STANLEY A. BOONE , Magistrate Judge . Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On December 19, 2018, Defendants filed an answer to the complaint, along with a separate request for the Court to issue a separate scheduling order for exhaustion-related discovery and dispositive-motion deadlines. (ECF Nos. 43, 44.) On December 27,..
More
ORDER DENYING DEFENDANTS' REQUEST FOR SEPARATE EXHAUSTION DEADLINE AS MOOT [ECF No. 44]
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 19, 2018, Defendants filed an answer to the complaint, along with a separate request for the Court to issue a separate scheduling order for exhaustion-related discovery and dispositive-motion deadlines. (ECF Nos. 43, 44.)
On December 27, 2018, the Court issued the discovery and scheduling order. Pursuant to the order, the deadline for filing an exhaustion-related motion for summary judgment is March 27, 2019.1 Therefore, Defendants' request to set a separate deadline for the filing of an exhaustion-related motion for summary judgment is denied as moot. Defendants are further advised that if an exhaustion motion is filed, they may move for a stay of merits-based discovery, if so desired.
IT IS SO ORDERED.
FootNotes
1. Indeed, the Court's discovery and scheduling order issued in prisoner civil rights actions always includes a separate deadline for the filing of an exhaustion-related motion for summary judgment. Therefore, such future requests in this Court are unnecessary.
Source: Leagle
