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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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v.
ANGELA BADAGON,

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Defendant.

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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

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of

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the Fourteenth Amendment. Defendant Badagon filed an answer to the complaint on July 24, 2012.

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On August 4, 2012, the Court issued a Discovery Order and Scheduling Order, which set the deadline

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to complete discovery as April 1, 2013, and the deadline to file dispositive motions as June 10, 2013.

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(ECF No. 13.)

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On November 7, 2013, Plaintiff filed the instant motion requesting a complete federal inquest

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because he did not receive an initial copy of the Second Scheduling Order. Plaintiff complains that the

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order arrived at Coalinga State Hospital, but was removed by unidentified Coalinga State Hospital

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staff. (ECF No. 32.)

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There is no basis for the Court to order a federal inquest into an allegation that Plaintiff did not

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receive a copy of the Second Scheduling Order. On October 25, 2013, Plaintiff requested an

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additional copy of the Second Scheduling Order. The Court granted the request and an additional

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copy of the Second Scheduling Order was sent to Plaintiff. (ECF No. 30.) Plaintiff has indicated his

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receipt of the additional copy. (ECF Nos. 32.) Accordingly, Plaintiff’s request for a federal inquest is

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DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 13, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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