Williams v. Anderson

Filing 48

ORDER Denying Plaintiff's Motion To Compel Without Prejudice (ECF No. 47 ), signed by Magistrate Judge Stanley A. Boone on 3/18/2014. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SYLESTER WILLIAMS, 12 Plaintiff, 13 14 v. SERGEANT R. ANDERSON, et al., 15 Defendant. 16 Case No.: 1:10-cv-01250-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION TO COMPEL WITHOUT PREJUDICE [ECF No. 47] Plaintiff Sylester Williams is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 Now pending before the Court is Plaintiff’s motion to compel, filed March 13, 2014. 20 Plaintiff contends that defense counsel has failed to respond to Plaintiff’s interrogatories and 21 “discovery documents.” Plaintiff’s motion shall be denied. Plaintiff’s motion is deficient. As Plaintiff was advised in the Court’s First Informational 22 23 Order issued July 14, 2010, if a “response to discovery is unsatisfactory, the party seeking discovery 24 may file a motion to compel discovery, including a copy of the discovery propounded and the 25 response thereto.” (ECF No. 3 at 5:2-4.) In this instance, Plaintiff has failed to attach a copy of the 26 /// 27 /// 28 /// 1 1 discovery propounded on the defendants for which he claims no response has been submitted. 2 Accordingly, Plaintiff’s motion to compel is DENIED without prejudice. 3 4 5 6 IT IS SO ORDERED. Dated: March 18, 2014 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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