Cranford v. Badagon

Filing 33

ORDER DENYING 32 Motion for Federal Inquest signed by Magistrate Judge Barbara A. McAuliffe on 11/13/2013. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, 12 Plaintiff, 13 14 v. ANGELA BADAGON, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-00736 -LJO-BAM ORDER DENYING MOTION FOR FEDERAL INQUEST (ECF No. 32) Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 19 Plaintiff’s complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of 20 the Fourteenth Amendment. Defendant Badagon filed an answer to the complaint on July 24, 2012. 21 On August 4, 2012, the Court issued a Discovery Order and Scheduling Order, which set the deadline 22 to complete discovery as April 1, 2013, and the deadline to file dispositive motions as June 10, 2013. 23 (ECF No. 13.) 24 On November 7, 2013, Plaintiff filed the instant motion requesting a complete federal inquest 25 because he did not receive an initial copy of the Second Scheduling Order. Plaintiff complains that the 26 order arrived at Coalinga State Hospital, but was removed by unidentified Coalinga State Hospital 27 staff. (ECF No. 32.) 28 1 1 There is no basis for the Court to order a federal inquest into an allegation that Plaintiff did not 2 receive a copy of the Second Scheduling Order. On October 25, 2013, Plaintiff requested an 3 additional copy of the Second Scheduling Order. The Court granted the request and an additional 4 copy of the Second Scheduling Order was sent to Plaintiff. (ECF No. 30.) Plaintiff has indicated his 5 receipt of the additional copy. (ECF Nos. 32.) Accordingly, Plaintiff’s request for a federal inquest is 6 DENIED. 7 IT IS SO ORDERED. 8 9 Dated: /s/ Barbara November 13, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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