Wheeler v. Alison et al

Filing 199

ORDER DENYING 176 Plaintiff's Motion to Compel AS MOOT signed by Magistrate Judge Dennis L. Beck on 1/7/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC WHEELER,

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Plaintiff,
vs.
ALISON, et al.,
Defendants.

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1:12cv00861 LJO DLB PC
ORDER DENYING PLAINTIFF’S
MOTION TO COMPEL AS MOOT
(Document 176)

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Plaintiff Eric Wheeler (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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

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Plaintiff’s complaint, filed on May 25, 2012, on the following claims: (1) excessive force in

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violation of the Eighth Amendment against Defendants Duck, Murrieta and Lowder; (2) failure
to protect in violation of the Eighth Amendment against Defendants Duck, Murrietta, Lowder,

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Loftis and Alison; and (3) deliberate indifference to a serious medical in violation of the Eighth
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Amendment against Defendants Ross, Mui, Neubarth and Ancheta.

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Plaintiff filed this motion on November 24, 2014, seeking further responses to his two
Requests for Production of E-Documents.1 Defendants filed their opposition on December 15,
2014, and Plaintiff filed his reply on December 29, 2014.

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As stated in Plaintiff’s reply, he is withdrawing his challenge to the requests at issue.
Accordingly, Plaintiff’s motion is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated:

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January 7, 2015

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Plaintiff signed the motion on November 18, 2014, and placed it in the prison mail on November 19, 2014.
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