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Willie Lee Carpenter v. W. J. Sullivan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 27, 2011

WILLIE LEE CARPENTER,
PLAINTIFF,
v.
W. J. SULLIVAN, ET AL.,
DEFENDANTS.

ORDER AMENDING DISCOVERY AND SCHEDULING ORDER

Discovery Cut-Off Date - 01/05/2012

Dispositive Motion Deadline - 02/06/2012

Plaintiff Willie Lee Carpenter, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 22, 2007. This action is proceeding on Plaintiff's first amended complaint (Doc. 17), filed on September 17, 2008, against Defendants A. Pfeil, J. Gonzalez, J. Barajas, Ortiz, A. Salazar, J. Martinez, Litton. (Docs. 21, 34, 44, 60, 65, 66). The Court found that Plaintiff's first amended complaint stated cognizable claims for relief under 42 U.S.C. § 1983 against Defendant Litton, Gonzales, Barajas and Ortiz for excessive force on June 6, 2004, and against Defendants A. Salazar and J. Martinez for failing to protect Plaintiff, in violation of the Eighth Amendment. (Docs. 21, 60, 66).*fn1

On May 6, 2011, the Court granted Defendants' motion to extend the deadline for discovery and dispositive motions, setting the discovery deadline to July 15, 2011, and dispositive motions deadline to October 12, 2011. (Doc. 121). As both parties were anticipating a settlement conference, the Court stayed the case on June 21, 2011, until resolution of the pending settlement conference. (Doc. 132). On October 17, 2011, the Court lifted the stay since the parties did not settle the case. (Doc. 150). As there are several discovery motions currently pending before the Court, the Court will extend the discovery deadlines as follows:

1. The parties are advised that the deadline for the completion of all discovery, including filing motions to compel, shall be 01/05/2012;

2. The deadline for filing pre-trial dispositive motions shall be 02/06/2012; 3. A request for an extension of a deadline set in this order must be filed on or before the expiration of the deadline in question; and

4. Extensions of time will only be granted on a showing of good cause.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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