(PC) Calhoun v. Dela Cruz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMONT CALHOUN, No. 2:20-cv-2209 DAD DB P Plaintiff, v. ORDER DELA CRUZ, et al., Defendants.
17 Plaintiff, a state prisoner, proceeds pro se and seeks relief under 42 U.S.C. § 1983. Currently pending before the court is defendants’ July 28, 2022 motion for summary judgment based upon the statute of limitations and plaintiff’s alleged failure to exhaust administrative remedies. (ECF No. 48.) Also on July 28, 2022, defendants sought to stay the close of discovery which was set to close just two court days later, on August 1, 2022. (ECF No. 49.) Defendants have, most recently, requested the court to vacate the current scheduling order including the dispositive motion deadline of October 31, 2022, and, if necessary, issue a new scheduling order after the resolution of defendants’ pending motion for summary judgment. (ECF No. 56.) “[T]he District Court has broad discretion to stay proceedings as an incident to its…