Calloway v. Veal et al

Filing 75

ORDER Closing All Discovery in this Action, signed by Magistrate Judge Gary S. Austin on 11/15/12. (Verduzco, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JASIMI JERMAINE CALLOWAY, 8 9 10 1:08-cv-01896-LJO-GSA-PC Plaintiff, ORDER CLOSING ALL DISCOVERY IN THIS ACTION v. WARDEN M. VEAL, et al., 11 Defendants. / 12 13 Jasimi Jermaine Calloway (“Plaintiff”) is a state prisoner proceeding pro se in this civil 14 rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on December 10, 15 2008. (Doc. 1.) This action now proceeds on the Third Amended Complaint filed on October 5, 16 2009, on Plaintiff’s Eighth Amendment claims, against defendant Dr. Wang for deliberate 17 indifference to Plaintiff’s serious medical needs, and against defendants C/O Hayward and C/O Oaks 18 for use of excessive force. (Doc. 20.) The discovery phase in this action has concluded. 19 On April 25, 2012, Plaintiff filed a motion to withdraw discovery requests, re-open 20 discovery, and serve new discovery requests. (Doc. 62.) On September 27, 2012, the Court denied 21 the motion, without prejudice to renewal of the motion within thirty days. (Doc. 74.) The thirty day 22 time period has now expired, and Plaintiff has not renewed his motion. Therefore, IT IS HEREBY 23 ORDERED that all discovery in this action is now closed. 24 25 26 27 IT IS SO ORDERED. Dated: 6i0kij November 15, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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