Knoll

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 10 DERRICK WHEATEN, Case No. 1:18-cv-00885-AWI-JLT (PC)

Plaintiff, ORDER ON PLAINTIFF’S MOTION FOR

DISCOVERY AND FOR CONTINUANCE OF

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT

KNOLL, et al., (Docs. 35, 42) Defendants. December 15, 2019 Deadline

17 Plaintiff proceeds in this action on claims under the Eighth Amendment against Defendants for deliberate indifference to his serious medical needs when, allegedly despite the existence of medical orders, Plaintiff was not allowed to have a lower bunk. Defendants filed a motion for summary judgment on the merits of Plaintiff’s claims and on the basis that Plaintiff’s allegations fail to state a claim which he may pursue under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (Doc. 35.) Though Plaintiff has filed an opposition, (Doc. 39), he recently filed a motion to postpone consideration of Defendants’ motion for summary judgment to be allowed to conduct…