Atcherley v. Clark et al

Filing 179

ORDER Granting in part Plaintiff's 176] Motion to Strike; ORDER Disregarding Plaintiff's 142 Motion to Compel Defendant Clark to Provide a Further Response to Request for Admission Number 91 signed by Magistrate Judge Dennis L. Beck on 12/03/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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Plaintiff,
v.
CLARK, et al.,
Defendants.

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Case No.: 1:12cv00225 LJO DLB (PC)
ORDER GRANTING IN PART PLAINTIFF’S
MOTION TO STRIKE
(Document 176)
ORDER DISREGARDING PLAINTIFF’S
MOTION TO COMPEL DEFENDANT CLARK
TO PROVIDE A FURTHER RESPONSE TO
REQUEST FOR ADMISSION NUMBER 91
(Document 142)

Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on Plaintiff’s Second

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Amended Complaint, filed on October 14, 2014, for violation of the Eighth Amendment and

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negligence against numerous Defendants.

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On October 17, 2014, Plaintiff filed a motion to compel Defendant Clark to provide a further

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response to Plaintiff’s Requests for Admissions, Number 91 (Document 142). Defendant Clark

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opposed the motion on November 7, 2014.

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On December 1, 2014, Plaintiff filed a “motion to strike” his motion to compel in light of
Defendant Clark’s statements in his opposition (Document 176).

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Accordingly, the Court GRANTS Plaintiff’s request in part. The Court will not strike the
document, as it should remain part of the record. Rather, the Court will DISREGARD his motion to
compel.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

December 3, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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