Dodds v. Lascano et al

Filing 50

ORDER GRANTING 47 Motion to Compel; ORDER GRANTING NUNC PRO TUNC 48 Motion for Extension of Time to Respond to Defendants' discovery requests, filed June 21, 2012, signed by Magistrate Judge Dennis L. Beck on 7/31/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAYMAR DODDS,
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Plaintiff,
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Case No. 1:09-cv-00656-AWI-DLB PC
ORDER GRANTING DEFENDANTS’
MOTION TO COMPEL (ECF No. 47)

v.
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E. LASCANO, et al.,
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Defendants.

ORDER GRANTING PLAINTIFF’S
MOTION FOR EXTENSION OF TIME TO
RESPOND TO DISCOVERY REQUESTS
NUNC PRO TUNC (ECF No. 48)

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Plaintiff Jaymar Dodds (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants E.

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Lascano and J. Hamlin for retaliation in violation of the First Amendment. Pending before the Court

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are: 1) Defendants’ motion to compel, filed May 23, 2012, and 2) Plaintiff’s motion for extension of

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time to respond to Defendants’ discovery requests, filed June 21, 2012. The matter is submitted

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pursuant to Local Rule 230(l).

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Defendants move to compel responses to discovery requests which were served on Plaintiff

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on February 21, 2012. Defs.’ Mot. Compel 3:3-9, ECF No. 47. Defendants’ counsel submits

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Exhibits A, Interrogatories, set one, and B, Request for Production of Documents, set one. Defs.’

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Mot., Exs. A and B. The date of service for both sets of discovery requests is February 21, 2012.
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Pursuant to the Court’s Discovery and Scheduling Order, issued on November 1, 2011,

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discovery responses are due within forty-five days from the date that the discovery request is served.

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ECF No. 46. Thus, Plaintiff’s responses were to be served on or before April 6, 2012.

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In Plaintiff’s June 21, 2012 motion requesting an extension of time to respond to discovery

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requests, Plaintiff requests up to and including June 23, 2012 in which to respond. Pl.’s Mot., ECF

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No. 48. Plaintiff contends that he is currently in administrative segregation at Kern Valley State

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Prison, and lacks access to most of his legal materials. Id. Additionally, because of Kern Valley

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State Prison’s staffing issues, Plaintiff has difficulties accessing the law library. Id.
Based on Plaitiff’s filing, Plaintiff concedes that he did not timely respond to Defendants’

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discovery requests. Thus, Defendants’ motion to compel responses will be granted. The Court also

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finds that Plaintiff has demonstrated good cause for an extension of time to respond to Defendants’

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discovery requests. Thus, Plaintiff’s motion will be granted nunc pro tunc.

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Accordingly, it is HEREBY ORDERED that:

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1. Defendants’ motion to compel, filed May 23, 2012, is granted as stated herein; and

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2. Plaintiff’s motion for extension of time to respond to Defendants’ discovery requests,

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filed June 21, 2012, is granted nunc pro tunc.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

July 31, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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