Carpenter v. Sullivan, et al.

Filing 247

ORDER DENYING Plaintiff's 242 Motion for Leave to Seek Discovery signed by Magistrate Judge Stanley A. Boone on 2/25/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE LEE CARPENTER,

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Plaintiff,

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v.
W.J. SULLIVAN, et al.,

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Defendants.

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Case No.: 1:07-cv-00114- SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
LEAVE TO SEEK DISCOVERY
[ECF No. 242]

Plaintiff Willie Lee Carpenter is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. This case was filed on January 22, 2007, and Defendants filed an

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answer to the complaint on May 25, 2010.
Now pending before the Court is Plaintiff filed a motion for leave to seek discovery, filed on

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February 21, 2014. Plaintiff’s motion must be denied.
As Plaintiff was advised at the telephonic pretrial conference hearing on February 19, 2014, the

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discovery deadline expired on January 5, 2012. (ECF No. 153.) In addition, on February 17, 2012,

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the Court denied Plaintiff’s request for additional time to conduct discovery as untimely. (ECF NO.

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177.)

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The Court initially opened the discovery phase of this action by order on May 17, 2010. (ECF

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No. 68.) On October 27, 2011, the Court extended the discovery deadline to January 5, 2012. (ECF

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No. 153.) Thus, Plaintiff had ample time to conduct and complete discovery, and Plaintiff was
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advised repeatedly of the deadline for completion of all discovery and that extensions of time would

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only be granted upon a showing of good cause. (ECF Nos. 68 & 153.) Plaintiff’s attempt now on the

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eve of trial, to conduct discovery responses from Defendant is clearly untimely and there is no good

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cause shown, and his motion must be DENIED.

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IT IS SO ORDERED.
Dated:

February 25, 2014
UNITED STATES MAGISTRATE JUDGE

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