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Sorrells v. Horton

United States District Court, E.D. California

May 2, 2018

SHANNON SORRELLS, Plaintiff,
v.
HORTON, Defendants.

          FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS, [ECF No. 58]

         Plaintiff Shannon Sorrells is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

         Currently before the Court is Defendants' motion for judgment on the pleadings, filed November 30, 2017.

         I. BACKGROUND

         This action is proceeding against Defendants Horton and Mehlhoff for deliberate indifference to a serious medical need in violation of the Fourteenth Amendment.

         On March 13, 2017, Defendant Mehlhoff waived filing an answer.

         On March 14, 2017, the Court issued the discovery and scheduling order.

         On May 23, 2017, Defendant Horton filed an answer to the complaint.

         On May 26, 2017, the Court extended the deadline to file an exhaustion motion for summary judgment to July 14, 2017, and extended all other deadlines and provisions to both Defendants.

         On July 14, 2017, Defendants filed an exhaustion-related motion for summary judgment. Plaintiff filed an opposition on July 31, 2017, and Defendants filed a reply on August 1, 2017.

         On November 14, 2017, the undersigned issued Findings and Recommendations recommending that Defendants' exhaustion-related motion for summary judgment be denied.

         On November 30, 2017, Defendants filed a motion for judgment on the pleadings. Plaintiff did not file an opposition.

         The November 14, 2017 Findings and Recommendations were adopted in full on March 23, 2018, and Defendants' exhaustion-related motion for summary judgment was denied.

         II. DISCUSSION

         A. ...


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