Simmons v. Adams et al

Filing 78

ORDER Striking Discovery Responses 77 , signed by Magistrate Judge Sheila K. Oberto on 8/12/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS,
Plaintiff,

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Case No. 1:10-cv-01259-LJO-SKO PC
ORDER STRIKING DISCOVERY
RESPONSES

v.

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(Doc. 77)
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DERAL G. ADAMS, et al.,
Defendants.

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_____________________________________/

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Plaintiff Melvin Joseph Simmons, a state prisoner proceeding pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 14, 2010. This action for
19 damages is proceeding on Plaintiff’s amended complaint against Defendant T. Sanders for use of
20 excessive physical force, in violation of the Eighth Amendment of the United States Constitution.
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On August 5, 2013, Plaintiff filed his responses to Defendant’s discovery requests, which

22 were at issue in Defendant’s motion to compel.

In granting in part and denying in part

23 Defendant’s on June 14, 2013, Plaintiff was ordered to serve Defendant with responses to certain
24 discovery requests. However, those responses are not to be filed with the Court until and unless
25 they become the subject of a new discovery dispute or other proceeding.
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Accordingly, Plaintiff’s discovery responses are HEREBY ORDERED STRICKEN from

2 the record.
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IT IS SO ORDERED.
Dated:

August 12, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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