(PC) Ellis v. Baraceros et al, No. 2:2016cv01083 - Document 45 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 06/22/18 ORDERING that Plaintiff's 42 Request for subpoenas is DENIED as premature; plaintiff's 43 Motion for extension of time to file pretrial motions is GRANTED IN PART 43 ; D efendants' 44 motion to modify is GRANTED IN PART. The 06/22/18 deadline for filing pretrial motions is VACATED; and a modified discovery and scheduling order shall issue after the district court addresses the pending findings and recommendations. (Benson, A.)
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(PC) Ellis v. Baraceros et al Doc. 45 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN F. ELLIS, 12 No. 2:16-cv-1083 JAM KJN P Plaintiff, 13 v. ORDER 14 LAMI P. BARACEROS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Under the December 7, 2017 18 scheduling order, the pretrial motions deadline expires on June 22, 2018. On June 18, 2018, 19 plaintiff filed a request for subpoenas, and a motion for a sixty-day extension of time in which to 20 file a pretrial motion. On June 21, 2018, defendants filed a motion to modify the discovery and 21 scheduling order. 22 On June 19, 2018, the undersigned recommended that defendants’ motion for summary 23 judgment on the issue of administrative exhaustion be granted in part and denied in part. The 24 district court has not yet addressed the findings and recommendations and the objection period 25 remains pending at this time. Therefore, plaintiff’s motion for subpoenas is premature. The parties’ motions concerning 26 27 the discovery and scheduling order are partially granted in that the undersigned will vacate the 28 //// Dockets.Justia.com 1 June 22, 2018 dispositive motion deadline, and will issue a modified discovery and scheduling 2 order once the district court addresses the pending findings and recommendations. 3 Good cause appearing, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s request for subpoenas (ECF No. 42) is denied as premature; 5 2. Plaintiff’s motion for extension of time to file pretrial motions (ECF No. 43) is 6 partially granted; 7 3. Defendants’ motion to modify (ECF No. 44) is partially granted; and 8 4. The June 22, 2018 deadline for filing pretrial motions is vacated; and a modified 9 discovery and scheduling order shall issue after the district court addresses the pending findings 10 and recommendations. 11 Dated: June 22, 2018 12 13 elli1083.vac 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2