Graves v. Kelly

Filing 35

ORDER DENYING Plaintiff's 31 Motion to Compel; ORDER DENYING Plaintiff's 33 Motion for an Order Compelling Discovery and Request for Permission to Amend Original Motion ; ORDER GRANTING Defendant's 34 Request for Extension of Time to File Dispositive Motion signed by District Judge G. Murray Snow on 7/28/2009. Dispositive Motion due by 9/25/2009. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P e n d in g before the Court are Plaintiff Johnny Graves' Motion to Compel (Dkt. # 31), Motion for an Order Compelling Discovery and Request for Permission to Amend O rig in a l Motion (Dkt. # 33), and Defendant's Motion for an Extension of Time to File D is p o s itiv e Motion (Dkt. # 34). Plaintiff filed a request asking for "all evidence, every re p o rt that was written, M&A Reports and incident reports of the incident." Plaintiff does n o t contest that he has received copies of those documents. Therefore, his motion is denied. In Plaintiff's second Motion for an Order Compelling Discovery and Request for P e rm is s io n to Amend Original Motion (Dkt. # 33), the Court cannot determine that he has m a d e any additional arguments other than that he acknowledges having had in his p o s s e ss io n his CDCR central file and medical file which contained this information from th e initiation of the litigation. Further, without ever having filed a request for such d o c u m e n ts , Plaintiff now desires the Court to compel documents regarding alleged m is c o n d u c t both past or pending against Corrections Officer J. Kelly. Fairly read, Plaintiff vs. - KELLY, D e f e n d a n t. J O H N N Y GRAVES, P la in tif f , ) ) ) ) ) ) ) ) ) ) ) N o . 1:03-cv-06837-GMS IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

ORDER

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h a s never requested such documents. Thus the Court declines to compel their disclosure. T h e re f o re , I T IS HEREBY ORDERED: 1. 2. D en yin g Plaintiff's Motion to Compel (Dkt. # 31). D e n yin g Plaintiff's Motion for an Order Compelling Discovery and Request

fo r Permission to Amend Original Motion (Dkt. # 33). 3. G ra n tin g Defendant's Request for Extension of Time to File Dispositive

M o tio n (Dkt. # 34), and extending the deadline, to and including September 25, 2009. D A T E D this 28th day of July, 2009.

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