Donte v. Swingle et al
Filing
45
ORDER signed by Magistrate Judge John F. Moulds on 6/1/2011 ORDERING that dfts shall file a response to pltf's 43 motion w/in 10 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEONARDO DONTE,
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Plaintiff,
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No. 2:10-cv-0299 KJM JFM (PC)
vs.
D. SWINGLE, et al.,
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Defendants.
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ORDER
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On September 1, 2010, the undersigned issued a discovery and scheduling order
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in this matter and set forth a March 11, 2011 deadline for filing pretrial motions. On November
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10, 2010, defendant filed a motion to dismiss. On December 27, 2010, plaintiff filed an
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opposition. On March 16, 2011, the undersigned issued findings and recommendations
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recommending that defendant’s motion to dismiss be granted and this action be dismissed for
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failure to exhaust administrative remedies. The findings and recommendations are presently
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pending before the Honorable Kimberly J. Mueller.
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On March 18, 2011, plaintiff filed a motion to vacate the March 11, 2011 deadline
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to file dispositive motions. Plaintiff contends that he has been unable to access the law library
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and, as such, has been unable to file such a motion.
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Upon review, IT IS HEREBY ORDERED that defendants shall file a response to
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plaintiff’s motion within 10 days of the date of this order.
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DATED: June 1, 2011.
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