Washington v. Adams et al

Filing 106

ORDER Denying Plaintiff's Motion To Compel As Premature, Striking Interrogatories, And Staying Action Pending Settlement Conference (Docs. 103 and 104 ), signed by Magistrate Judge Sheila K. Oberto on 7/13/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER N. WASHINGTON,

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CASE NO. 1:09-cv-01666-AWI-SKO PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL AS PREMATURE, STRIKING
INTERROGATORIES, AND STAYING
ACTION PENDING SETTLEMENT
CONFERENCE

v.
DERRAL G. ADAMS,

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Defendant.

(Docs. 103 and 104)
/

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Plaintiff Christopher N. Washington, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 21, 2009. This

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action is proceeding on Plaintiff’s second amended complaint, filed on March 24, 2011, against

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Defendant Adams for violation of Plaintiff’s rights under the Free Exercise Clause of the First

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Amendment of the United States Constitution.

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On July 5, 2012, Plaintiff filed a motion to compel. The order opening the discovery phase

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of this action was filed on May 18, 2012, and served on Plaintiff by mail. (Doc. 84.) Pursuant to

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the order, the responding party has forty-five days within which to serve responses to discovery

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requests.1 (Id.)

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Given the date discovery opened, it is not possible for Plaintiff to have served discovery

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requests, waited for a timely response, and filed a ripe motion to compel. Indeed, Plaintiff’s motion

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indicates the discovery requests to which he believes he is entitled to compel a response were not

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Further, Federal Rule of Civil Procedure 6(d) provides for the addition of three days to the forty-five day
time period.

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served until June 6, 2012. (Doc. 103, Washington Dec., court record p. 7, ¶1.) The motion is

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premature and it shall be denied on that ground.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion to compel, filed on July 5, 2012, is DENIED as premature;

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2.

Plaintiff’s interrogatories, filed on July 5, 2012, are STRICKEN pursuant to

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paragraph 8 of the First Informational Order; and

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3.

This action is STAYED pending the settlement conference set for July 30, 2012.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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