Opinion
Civil Action No. 11-cv-01372-CMA-KLM
03-30-2012
ALEX OBANDO, Plaintiff, v. ARISTEDES W. ZAVARAS, DOC Executive Director, TOM CLEMENTS, DOC Executive Director, SUSAN JONES, CSP Warden, MICHELLE NYCZ, Classification Chairperson, JAMES OLSON, Committee Chairperson, DAN DENNIS, Committee Member, and JOHN DOE, CSP Assistant Administrative Head, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion to Permit Discovery Pursuant to Fed. R. Civ. P. 56(f) in Response to Defendants' Motion for Summary Judgment [Docket No. 45; Filed March 30, 2012] (the "Motion"). In the Motion, Plaintiff seeks discovery with respect to Defendant's Motion to Dismiss or Motion for Summary Judgment [#36], which, in part, seeks summary judgment on Plaintiff's claim based on failure to exhaust administrative remedies. However, on March 16, 2012, the Court denied without prejudice Defendant's Motion to Dismiss or Motion for Summary Judgment. See Order [#38] at 4. Thus, Plaintiff needs no longer file a Response to it. Accordingly,
IT IS HEREBY ORDERED that the Motion [#45] is DENIED as moot.