Warner v. Cate et al

Filing 178

ORDER on Defendants' 127 Request for Clarification signed by Magistrate Judge Michael J. Seng on 02/01/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL WARNER,

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Plaintiff,

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ORDER ON DEFENDANTS’ REQUEST
FOR CLARIFICATION

v.

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Case No. 1:12-cv-01146-MJS (PC)

M. CATE, et al.,

(ECF No. 127)

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Defendants.

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Plaintiff Earl Warner is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action brought pursuant to 42 U.S.C. § 1983.

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On September 23, 2016, this Court granted Plaintiff a fourteen-day extension of

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time to file a motion to compel. (ECF No. 124.) On September 30, 2016, Plaintiff’s

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motion to compel was filed. (ECF No. 126.) On October 4, 2016, Defendants filed the

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instant “Request for Clarification.” (ECF No. 127.) Therein, Defendants point out that the

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CM/ECF docket text accompanying the Court’s September 23, 2016 order states

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“Discovery due by October 11, 2016.” Defendants ask for an explanation of this docket

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entry.

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The directive “Discovery due by October 11, 2016” resulted from pure clerical

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error. The docket text has been corrected to reflect that Plaintiff’s motion to compel
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discovery was due by October 11, 2016. (See ECF No. 124.)
Accordingly, ECF No. 124 is HEREBY SO CLARIFIED.

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IT IS SO ORDERED.
Dated:

February 1, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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