(PC) Gelazela v. United States of America

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARK A. GELAZELA, Case No. 1:21-cv-01499-JLT-EPG (PC)

Plaintiff, ORDER REQUIRING PARTIES TO

EXCHANGE DOCUMENTS

v.

UNITED STATES OF AMERICA, et al., Defendant(s). 14 Mark Gelazela (“Plaintiff”) is a former federal prisoner proceeding pro se and in forma pauperis in this action. On April 13, 2023, the Court issued an order requiring the parties to file scheduling and discovery statements. (ECF No. 39). The parties have now filed their statements. (ECF Nos. 41 & 42). The Court has reviewed this case and the parties’ statements. In an effort to secure the

1 “Defendants anticipate challenging the issue of exhaustion both as to the FTCA claim against the United States and the Bivens claim against Dr. Moore. Defendants also anticipate filing a motion for judgment on the Bivens claim in light of Egbert v. Boule, 142 S. Ct. 1793 (2022), which was decided after the screening orders in this case.” (ECF No. 42, p. 3). …