Fearence v. Schulteis et al
Filing
69
ORDER Denying Motion For Extension Of Discovery Deadline And Request For Subpoena Form, Without Prejudice (Doc. 66 ), signed by Magistrate Judge Gary S. Austin on 1/30/2014. (Fahrney, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JACQUES FEARENCE,
12
13
1:08-cv-00615-LJO-GSA-PC
Plaintiff,
ORDER DENYING MOTION FOR
EXTENSION OF DISCOVERY DEADLINE
AND REQUEST FOR SUBPOENA FORM,
WITHOUT PREJUDICE
(Doc. 45.)
vs.
14
L. L. SCHULTEIS, et al.,
15
Defendants.
16
17
18
Jacques Fearence (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
19
action pursuant to 42 U.S.C. § 1983.
20
Complaint, filed by Plaintiff on November 22, 2013, against defendants Hopkins, Davis, Duffy,
21
and Beckett for failure to protect Plaintiff, and against defendants Hopkins, Busby, Davis,
22
Duffy, and Beckett for conspiracy to use excessive force. 1 (Doc. 64.)
This case now proceeds on the Third Amended
23
On December 19, 2013, Plaintiff filed a motion for extension of the discovery deadline
24
and requested a subpoena form. (Doc. 66.) In light of the fact that discovery was stayed in this
25
action on January 17, 2014, pending the filing of Defendants’ answer, Plaintiff’s motion shall
26
be denied, without prejudice to renewal of the motion at a later stage of the proceedings.
27
1
28
On January 24, 2014, the court dismissed all remaining claims and defendants from this action,
based on Plaintiff’s failure to state a claim. (Doc. 67.)
1
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion filed on December 19,
1
2
3
2013, is DENIED without prejudice.
IT IS SO ORDERED.
Dated:
4
January 30, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
5
6
7
8
9
D C_Si gnat ur e- EN :
EA
D
6i0kij8d
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?