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Garcia v. Heath

United States District Court, Ninth Circuit, California, E.D. California
Nov 12, 2015
2:13-cv-1952 JAM AC P (E.D. Cal. Nov. 12, 2015)

Opinion


DANNY R. GARCIA, Plaintiff, v. C/O HEATH, et al., Defendants. No. 2:13-cv-1952 JAM AC P United States District Court, E.D. California. November 12, 2015

          ORDER

          ALLISON CLAIRE, Magistrate Judge.

         Defendants move to extend the November 20, 2015 dispositive motion deadline in this case. Defendants seek adequate time to file a dispositive motion on the merits of plaintiff's claims after the court rules on their pending motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies; defendants' exhaustion motion was filed on behalf of five of the six defendants.

         The court declines to vacate the current dispositive motion deadline at this time. However, the court will set a new dispositive motion deadline after it has reached a decision on defendants' exhaustion motion. For this reason, the court will also deny without prejudice plaintiff's pending motion on the merits of his claims; plaintiff may re-file his motion after the court has resolved defendants' exhaustion motion and set a new dispositive motion deadline.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Defendants' motion to modify the scheduling order, ECF No. 48, is denied without prejudice; the court will set a new dispositive motion deadline after resolution of defendants' pending motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies; and

         2. Plaintiff's motion for summary judgment on the merits of his claims, ECF No. 45, is denied without prejudice to the re-filing of his motion following the court's resolution of defendants' exhaustion motion and the setting of a new dispositive motion deadline.


Summaries of

Garcia v. Heath

United States District Court, Ninth Circuit, California, E.D. California
Nov 12, 2015
2:13-cv-1952 JAM AC P (E.D. Cal. Nov. 12, 2015)
Case details for

Garcia v. Heath

Case Details

Full title:DANNY R. GARCIA, Plaintiff, v. C/O HEATH, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Nov 12, 2015

Citations

2:13-cv-1952 JAM AC P (E.D. Cal. Nov. 12, 2015)