Goolsby v. Cate et al

Filing 86

ORDER Regarding Plaintiff's Motion For Order Allowing PBSP To Make Copies Of Motion (Document 84 ), ORDER Directing Defendants To File Discovery Requests With Their Opposition, signed by Magistrate Judge Dennis L. Beck on 9/29/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS GOOLSBY,

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Plaintiff,
vs.
GENTRY, et al.,
Defendants.

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1:11cv01773 LJO DLB PC
ORDER REGARDING PLAINTIFF’S
MOTION FOR ORDER ALLOWING PBSP
TO MAKE COPIES OF MOTION
(Document 84)
ORDER DIRECTING DEFENDANTS TO
FILE DISCOVERY REQUESTS WITH
THEIR OPPOSITION

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Plaintiff Thomas Goolsby (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action
on October 25, 2011.

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In April 2014, the Court permitted Plaintiff to serve discovery related to his retaliation
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claim. A general Discovery and Scheduling Order has not yet issued.
On September 24, 2014, Plaintiff filed a motion requesting an order allowing Pelican Bay
State Prison law library staff to copy his motion to compel. Plaintiff states that pursuant to the

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Court’s requirements related to the contents of a motion to compel, his motion is well over 100

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pages. The law library, however, will only copy up to 100 pages.

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The Court does not have jurisdiction to order prison officials to take any action, including
copying Plaintiff’s legal documents.
However, to assist Plaintiff in filing his motion to compel, the Court will relieve him of
the obligation to copy the discovery requests and responses. Plaintiff therefore need only submit

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his argument as to why he believes each response is deficient.
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As the Court will need copies of the requests and responses to rule on the motion to
compel, the Court ORDERS Defendants to provide the requests and responses at issue when they
oppose Plaintiff’s motion to compel.

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IT IS SO ORDERED.
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Dated:

/s/ Dennis

September 29, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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