Johnson v. Gonzalez et al

Filing 29

ORDER WITHDRAWING 20 Plaintiff's Motion for Summary Judgment; ORDER DENYING AS MOOT 21 Defendants' Motion for Denial or Continuance of Plaintiff's Motion for Summary Judgment; ORDER DENYING 25 Plaintiff's Motion Regarding th e Production of Documents; and ORDER GRANTING 26 Plaintiff's Motion for an Order Striking Plaintiff's Motion for Summary Judgment With Leave to File an Amended Motion for Summary Judgment, signed by Magistrate Judge Sheila K. Oberto on 11/1/2010. (Jessen, A)

(PC) Johnson v. Gonzalez et al

Doc. 29

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Anthony Johnson ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 16, 2010, Plaintiff filed a "Motion to Produce any and all Documents Request by Defendants, for Production of Documents to Plaintiff, Set One, (2) for Admission to Plaintiff, Set One, (3) Interrogatories to Plaintiff, Set One." (Doc. #25.) Plaintiff's motion was filed to "inform[] the court that, not only is Plaintiff producing the requested documents to the defendants, but that,[sic] Plaintiff wants the Court to realize that he has signed a medical release form for the Defendants for personal review. . ." (Mot. to Produce 1, ECF No. 25.) Plaintiff is advised that discovery is a self-executing process. Plaintiff need not inform the Court each time he responds to Defendants' discovery requests. Plaintiff's motion is unnecessary and will be denied. On October 12, 2010, Plaintiff filed a motion requesting that his June 2, 2010 motion for summary judgment be stricken or withdrawn. Plaintiff claims that he filed his motion prematurely because he has not conducted sufficient legal research. Plaintiff notes that the deadline for filing 1
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UNITED STATES DISTRICT COURT

ANTHONY JOHNSON, Plaintiff, v. L. GONZALEZ, et al., Defendants. /

CASE NO. 1:09-cv-01264-AWI-SKO PC ORDER RE MOTIONS (Docs. 20, 21, 25, 26)

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dispositive motions is April 4, 2011 and Defendants will not be prejudiced if Plaintiff's current motion for summary judgment is disregarded and filed again at a later time. Defendants filed a statement of non-opposition to Plaintiff's motion on October 14, 2010. (Doc. #27.) The Court will grant Plaintiff's request and the June 2, 2010 motion for summary judgment will be withdrawn without prejudice to Plaintiff's ability to re-file a motion for summary judgment at a later date.1 Consequently, Defendants' June 11, 2010 request to deny or continue the motion for summary judgment will be denied as moot. Accordingly, it is HEREBY ORDERED that: 1. 2. 3. 4. Plaintiff's June 16, 2010 motion regarding the production of documents is DENIED; Plaintiff's October 12, 2010 motion is GRANTED; Plaintiff's June 2, 2010 motion for summary judgment is withdrawn; and Defendants' June 11, 2010 request to deny or continue the motion for summary judgement is DENIED as moot.

IT IS SO ORDERED. Dated: ie14hj November 1, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

T h e Court does not construe Plaintiff's motion as a request to modify the deadlines set in the discovery and s c h e d u lin g order. Accordingly, any subsequent motion for summary judgment must be filed before the April 4, 2011 d e a d lin e .

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