McMaster v. Spearman et al

Filing 84

ORDER STRIKING Third Status Report 83 , signed by Magistrate Judge Sheila K. Oberto on 6/25/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA MCMASTER,

Case No. 1:10-cv-01407-AWI-SKO (PC)

Plaintiff,

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ORDER STRIKING THIRD STATUS
REPORT

v.

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(Doc. 83)
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M. E. SPEARMAN, et al.,

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Defendants.
_____________________________________/

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Plaintiff Dana McMaster, a state prisoner proceeding pro se and in forma pauperis, filed

17 this civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2010. On June 23, 2014,
18 Plaintiff filed a third status report regarding the parties’ discovery dispute.
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However, the Court issued a ruling resolving that discovery dispute on June 16, 2014, and

20 Plaintiff was not granted leave to file further briefing. Pursuant to an order filed on February 6,
21 2014, the parties were directed to file a status report if they were unable to resolve their remaining
22 discovery disputes after meeting and conferring. In issuing its ruling on June 16, 2014, the Court
23 considered Plaintiff’s status report and his supplemental status report. The Court noted that its
24 earlier order did not provide for briefing beyond one status report and that Plaintiff failed to seek
25 leave to file additional briefing.

Nevertheless, the Court elected to make an exception and

26 consider the supplemental status report to bring final resolution to Plaintiff’s first and second
27 motions to compel.
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In as much as Plaintiff was not granted leave to file a third status report and the Court

2 issued a ruling on the discovery dispute on June 16, 2014, the Court declines to consider
3 Plaintiff’s third status report and it is HEREBY ORDERED STRICKEN from the record.
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IT IS SO ORDERED.
Dated:

June 25, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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