Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se with a civil rights action. On April 7, 2015, the court issued a Discovery and Scheduling order setting July 31, 2015 as the last day to conduct discovery and requiring that any motions to compel be filed by that date. ECF No. 86 at 5. On July 14, 2015, defendants moved for summary judgment, asserting that plaintiff failed to exhaust his administrative remedies. ECF No. 99. On the same date, defendan
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se with a civil rights action. On April 7, 2015, the court issued a Discovery and Scheduling order setting July 31, 2015 as the last day to conduct discovery and requiring that any motions to compel be filed by that date. ECF No. 86 at 5. On July 14, 2015, defendants moved for summary judgment, asserting that plaintiff failed to exhaust his administrative remedies. ECF No. 99. On the same date, defendant..
More
ORDER
ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se with a civil rights action. On April 7, 2015, the court issued a Discovery and Scheduling order setting July 31, 2015 as the last day to conduct discovery and requiring that any motions to compel be filed by that date. ECF No. 86 at 5.
On July 14, 2015, defendants moved for summary judgment, asserting that plaintiff failed to exhaust his administrative remedies. ECF No. 99. On the same date, defendants moved to stay discovery pending resolution of the summary judgment motion. ECF No. 100. Defendants also requested that the discovery deadline be extended until forty-five days after the court rules on defendants' motion for summary judgment. Id.
Good cause appearing, defendants' motion is granted. Discovery is stayed pending resolution of defendants' summary judgment motion. The deadlines for discovery and the filing of pre-trial motions set forth in the Discovery and Scheduling Order, ECF No. 86, are vacated. An amended scheduling order will issue if necessary after defendants' summary judgment motion on exhaustion grounds is resolved.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants' motion to stay discovery (ECF No. 100) is granted; and
2. The dates in the Discovery and Scheduling Order, ECF No. 86, are vacated.
