Branch v. Grannis, et al.,
Filing
82
ORDER DENYING Plaintiff's 76 Motion for Status Conference; ORDER RESPONDING to Plaintiff's Request Regarding Unserved Doe Defendants signed by Magistrate Judge Gary S. Austin on 1/4/2013. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LOUIS BRANCH,
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Plaintiff,
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1:08-cv-01655-AWI-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR STATUS CONFERENCE
(Doc. 76.)
vs.
N. GRANNIS, et al.,
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ORDER RESPONDING TO PLAINTIFF’S
REQUEST REGARDING UNSERVED DOE
DEFENDANTS
Defendants.
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I.
BACKGROUND
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Louis Branch (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action
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filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 7,
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2008. (Doc. 1.) This action now proceeds on the Second Amended Complaint filed by Plaintiff on
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August 25, 2010, against defendant D. Umphenour and two Doe defendants for failure to protect in
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violation of the Eighth Amendment, and against defendant Umphenour for retaliation in violation
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of the First Amendment.1 (Doc. 26.)
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On December 21, 2012, Plaintiff filed a motion for the Court to schedule a status conference
in this action. (Doc. 76.)
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On May 11, 2011, the Court dismissed all other claims and defendants from this action, based on Plaintiff’s
failure to state a claim. (Doc. 29.) The Doe defendants have not been sufficiently identified by Plaintiff to enable
service of process by the U.S. Marshal.
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II.
MOTION FOR STATUS CONFERENCE
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Plaintiff requests a status conference in this action to address: (1) service of process on
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parties not yet served, (2) disposition of pending motions, (3) relief from discovery limits, including
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deferral of discovery, and (4) any other applicable matters.
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Discussion
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Plaintiff is advised that under Local Rule 230(l), motions in prisoner cases are submitted on
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the record without oral argument, with few exceptions. L. R. 230(l). Such motions are not noticed
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on the Court’s motion calendar.
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In separate orders, the Court has resolved Plaintiff’s pending request for entry of default, filed
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on October 26, 2012; motion for appointment of counsel, filed on December 21, 2012; and motion
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for extension of time to respond to discovery requests, filed on December 21, 2012. (Docs. 71, 75,
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77.) Plaintiff’s only other pending motion in this action is the present motion for a status conference.
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Therefore, upon entry of this order, Plaintiff’s pending motions shall be resolved without need for
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a status conference.
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In exceptional circumstances, the Court may conduct in-court proceedings to resolve a
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motion in a prisoner case such as Plaintiff’s. However, in this instance, the Court does not find
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exceptional circumstances or good cause to schedule a status conference. Plaintiff’s pending
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motions have been resolved, and Plaintiff’s request regarding unserved defendants shall be addressed
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by this order. For any other applicable matters, Plaintiff should file a written motion with the Court.
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Accordingly, Plaintiff’s motion for a status conference shall be denied.
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III.
REQUEST FOR ASSISTANCE IN IDENTIFYING DOE DEFENDANTS
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Plaintiff requests the Court’s assistance in identifying his Doe Defendants to enable service
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of process. Plaintiff asserts that he has made diligent efforts to identify Does 1 and 2, without
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success. Plaintiff asserts that he filed a habeas petition in the Monterey Superior Court to compel
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officials to divulge the Incident Report concerning events at issue in this action, and he formally
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requested the complete Incident Report from defendant Umphenour. Plaintiff claims that defendant
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Umphenour “disingenuously provide[d] an incomplete Incident Report omitting the names of Doe
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1 & 2.” (Motion, Doc. 76 at 2:23-24.)
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Plaintiff is advised that the discovery process is available to him for questioning the
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defendants about facts relevant to his allegations and claims. Rules 26 through 37 of the Federal
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Rules of Civil Procedure govern the discovery process, which includes, inter alia, interrogatories,
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requests for admissions, requests for production of documents, depositions, and motions to compel.
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Plaintiff should refer to these rules which are available at the prison law library. Plaintiff is
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cautioned that discovery must be conducted within the deadlines established in the
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Discovery/Scheduling Order entered on October 30, 2012 in this action.
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IV.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
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Plaintiff’s motion for a status conference, filed on December 21, 2012, is DENIED;
and
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Plaintiff’s request for assistance in identifying Doe Defendants is RESOLVED by
this order.
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IT IS SO ORDERED.
Dated:
6i0kij
January 4, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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