Harris v. Rios et al

Filing 77

ORDER DENYING Without Prejudice Plaintiff's Motion to Compel 74 , 76 , signed by Magistrate Judge Michael J. Seng on 2/21/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONTE ROLANDO HARRIS,

CASE No. 1:09-cv-00781-AWI-MJS (PC)

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Plaintiff,

ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO COMPEL

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v.

(ECF Nos. 74, 76)

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H. A. RIOS, et al.,

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Defendant..
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/
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Plaintiff Donte Rolando Harris, a federal prisoner proceeding pro se, filed this

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civil rights action on April 27, 2009 pursuant to Bivens v. Six Unknown Named Agents

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of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). (ECF No. 1.)

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This matter proceeds on Plaintiff’s Second Amended Complaint against

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Defendants Gonzaga, Cobb, Zaragoza, and Valero for interfering with incoming mail in

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violation of Plaintiff’s rights under the First Amendment; against Defendant Cobb for

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interfering with outgoing mail in violation of Plaintiff’s rights under the First Amendment;

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and against Defendants Estrada, Cobb, Valero, and Zaragoza for violating Plaintiff’s

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Fourteenth Amendment due process rights in connection with Plaintiff’s mail.

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Defendants filed their Answer on October 25, 2012. (ECF No. 69.) The Court issued its
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Discovery and Scheduling Order on October 29, 2012, setting a discovery cut-off of

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June 29, 2013 and a dispositive motion deadline of September 9, 2013. (ECF No. 70.)

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On January 15, 2013, Plaintiff filed a Motion to Compel Discovery Dispute

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Resolution. (ECF No. 74.) In it he sought responses to his Second Set Request for

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Admissions and First Set Request for Production. Defendants’ February 6, 2013

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Opposition to the Motion (ECF No. 75) asserted that responses to this discovery had

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been served December 28, 2012.
On February 19, 2013, Plaintiff, acknowledging receipt of Defendants’ discovery

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responses, filed a Motion to Dismiss Discovery Dispute Resolution (ECF No. 76),
Accordingly, it is HEREBY ORDERED that Plaintiff’s January 15, 2013 Motion to

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Compel Discovery (ECF No. 74) be DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
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February 21, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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