(PC) Barrett v. Ciolli ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY BARRETT, Case No. 1:20-cv-01802-JLT-EPG 12 Plaintiff, 13 v. ORDER DIRECTING PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS’ 14 A. CIOLLI, et al., APPLICATION FOR LEAVE TO FILE PRE- ANSWER MOTION FOR SUMMARY 15 Defendants. JUDGMENT ON EXHAUSTION OF ADMINISTRATIVE REMEDIES 16 (ECF No. 48) 17 FOURTEEN (14) DAY DEADLINE 18 19 Plaintiff Anthony Curtis Barrett (“Plaintiff”) is a federal inmate proceeding pro se and in 20 forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics 21 Agents, 403 U.S. 388 (1971). 22 Before the Court is Defendants A. Ciolli, Cobbs, C. Hanson, A. Leger, Rodriguez, Scott, 23 and Young’s (“Defendants”) application requesting: 1) leave to file a pre-answer motion for 24 summary judgment on exhaustion of administrative remedies; 2) leave to take Plaintiff’s 25 deposition on administrative exhaustion issues; and 3) an extension of time to respond to the 26 complaint until after the Court rules on the motion for summary judgment. (ECF No. 48.) 27 The Court will direct Plaintiff to file a response to Defendants’ request. Additionally, as 28 the application represents that Defendants’ responses to the complaint are currently due between 1 | April 11, 2022, and May 6, 2022, the Court will extend Defendants’ response deadlines until after 2 | the Court rules on Defendants’ request. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within fourteen (14) days of service of this order, Plaintiff shall file a response to 5 Defendants’ application for leave to file a pre-answer motion for summary judgment 6 (ECF No. 18); and 7 2. Defendants’ deadlines to respond to the complaint are extended pending issuance of 8 an order on Defendants’ application (ECF No. 18). 9 10 IT IS SO ORDERED. 11 | Dated: _Mareh 29, 2022 [sf ey 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28