Tate v. Cate et al

Filing 48

ORDER Discharging Order to Show Cause 40 ; ORDER Striking Plaintiff's Motion to Compel 36 and Plaintiff's Request for Investigation Papers 45 , signed by Magistrate Judge Jennifer L. Thurston on 5/18/11. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY TATE,

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Case No. 1:09-cv-00770 JLT (PC)

Plaintiff,

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ORDER DISCHARGING ORDER TO SHOW
CAUSE

vs.
(Doc. 40)

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MATTHEW CATE, et al.,

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ORDER STRIKING PLAINTIFF’S MOTION
TO COMPEL AND PLAINTIFF’S REQUEST
FOR INVESTIGATION PAPERS

Defendants.

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/
(Docs. 36 & 45)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has two matters pending before the Court.

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I.

MOTION TO COMPEL

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On March 30, 2011, Plaintiff filed a motion to compel the production of documents. (Doc. 36.)

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When Defendant failed to file an opposition to the motion, the Court issued an order to show cause and

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instructed Defendant to either file an opposition or statement of non-opposition to Plaintiff’s motion.

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(Doc. 40.) On May 9, 2011, Defendant filed an opposition. (Doc. 42.) Therein, Defendant contends

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that Plaintiff never served any discovery requests on Defendant prior to the filing of the instant motion

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to compel. (Id. at 1.) In addition, Defendant notes that James Yates is no longer a party to this action

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and therefore any discovery directed at him is improper. (Id. at 2.)

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Plaintiff is advised that discovery requests must be served on and directed at Defendant first;
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copies of discovery requests should not be filed with the Court. Plaintiff may file a motion to compel

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only after he receives an unsatisfactory response to a discovery request from Defendant. Because it

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appears here that the instant motion to compel was filed prematurely, it will be stricken.

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II.

REQUEST FOR INVESTIGATION PAPERS

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On May 6, 2011, Plaintiff filed a request for “investigation papers” regarding Appeal #PVSP-B-

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00841. (Doc. 45.) Again, Plaintiff is advised that discovery requests must be served on Defendant and

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not filed with the Court. This request will be stricken.

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III.

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CONCLUSION
In accordance with the above, it is HEREBY ORDERED that:

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1.

The Court’s April 27, 2011 order to show cause (Doc. 40) is DISCHARGED;

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2.

Plaintiff’s March 30, 2011 motion to compel (Doc. 36) is STRICKEN; and

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3.

Plaintiff’s May 6, 2011 request for investigation papers (Doc. 45) is STRICKEN.

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IT IS SO ORDERED.

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Dated: May 18, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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