Irvin v. Yates, et al.

Filing 75

ORDER Denying Plaintiff's 74 Request for Non-Transfer to Conduct Conferences or Deposition, signed by Magistrate Judge Stanley A. Boone on 02/11/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAJAUNA KENYATTA IRVIN,

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Plaintiff,
v.
JAMES A YATES, et al.,
Defendants.

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Case No.: 1:10-cv-01940-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR NON-TRANSFER TO CONDUCT
CONFERENCES OR DEPOSITION
[ECF No. 74]

Plaintiff Kajauna Kenyatta Irvin is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). The case

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was removed from state court on October 14, 2010.

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On January 26, 2015, Plaintiff filed a request for non-transfer to conduct conferences or
depositions. (ECF No. 74.)
Plaintiff indicates that he is presently confined at Richard J. Donovan Correctional Facility in

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San Diego, California. Plaintiff contends that he is expected to be transferred and re-housed soon.

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Plaintiff submits that it would place a severe hardship and hinder his access to the court, if Defendants

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are allowed to transfer Plaintiff for a deposition or conference.

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A discovery and scheduling order just issued on January 5, 2015, setting, among others, a
discovery deadline of September 5, 2015, and a dispositive motion deadline of November 16, 2015.

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(ECF No. 68.) Because Plaintiff does not indicate that there is any deposition or conference date set at

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the present time, Plaintiff’s motion is premature and must be denied.

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IT IS SO ORDERED.

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Dated:

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February 11, 2015
UNITED STATES MAGISTRATE JUDGE

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