Caver v. Gomez et al

Filing 42

ORDER signed by Magistrate Judge Sheila K. Oberto on 11/1/2013 granting 40 Request and denying 38 Motion to Compel. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENELL CAVER,
Plaintiff,

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v.

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E. GOMEZ, et al.,

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Case No. 1:11-cv-01025-AWI-SKO PC
ORDER GRANTING REQUEST AND
DENYING MOTION TO COMPEL AS
MOOT
(Docs. 38 and 40)

Defendants.
_____________________________________/

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Plaintiff Denell Caver, a state prisoner proceeding pro se and in forma pauperis, filed this

17 civil rights action pursuant to 42 U.S.C. § 1983 on June 20, 2011. This action is proceeding on
18 Plaintiff’s second amended complaint, filed on April 10, 2012, against Defendants Gomez, Stark,
19 and Garcia for violating Plaintiff’s rights under the Eighth Amendment.
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On October 10, 2013, Plaintiff filed a motion to compel responses to his discovery

21 requests. Defendants filed an opposition on October 21, 2013, stating that they timely served their
22 responses on September 6, 2013. On October 30, 2013, Plaintiff filed a request to withdraw his
23 motion to compel in light of his receipt of Defendants’ responses on October 24, 2013.
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Accordingly, Plaintiff’s request is GRANTED and his motion to compel is DENIED as

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IT IS SO ORDERED.
Dated:

November 1, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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