Bussiere v. Cano et al

Filing 50

ORDER Denying 49 Motion to Compel signed by Magistrate Judge Gerald B. Cohn on 09/15/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR T. BUSSIERE,

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Plaintiff,

1:10-cv-00945-AWI-GBC (PC)

ORDER DENYING PLAINTIFF’S MOTION TO
COMPEL

v.
CANO, et al.,

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(ECF No. 49)
Defendants.
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CASE NO.

Plaintiff Arthur T. Bussiere (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this

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action on May 26, 2010. (ECF No. 1.) This action proceeds on Plaintiff’s Complaint

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against Defendants Cano1 and Lopez for deliberate indifference in violation of the Eighth

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Amendment. (ECF Nos. 13 & 16.)

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Pending before the Court is Plaintiff’s Motion to Compel filed September 14, 2011.
(ECF No. 49.)

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The discovery phase of this action opened upon the Answer filed by Defendant
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Lopez on August 25, 2011. (ECF No. 38.) The Discovery and Scheduling Order was
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Currently pending is a Findings and Recom m endation recom m ending that Defendant Cano be
dism issed from this action. (ECF No. 46.)

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issued on August 31, 2011. (ECF No. 45.) Discovery is self-executing until such time as

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a party becomes dissatisfied with a response and seeks relief from the court pursuant to

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the Federal Rules of Civil Procedure. Interrogatories, requests for admissions, requests

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for production of documents, and responses thereto shall not be filed with the court until

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there is a proceeding in which the document or proof of service is at issue. Such

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documents are to be served on the opposing party, and not with the court. Local Rule

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250.2 through 250-5.

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Plaintiff must first request discovery from Defendants and if Defendants fail to make
a disclosure required by Rule 26(a) of the Federal Rules of Civil Procedure, then Plaintiff

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may seek a motion to compel. See Fed. R. Civ. P. 37(a)(1) & (a)(3)(A).
Accordingly, Plaintiff’s Motion to Compel is DENIED as premature, and possibly,

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unnecessary.

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IT IS SO ORDERED.

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Dated:
1j0bbc

September 15, 2011
UNITED STATES MAGISTRATE JUDGE