Miller v. Najera, et. al.

Filing 74

Memorandum Decision and ORDER DENYING 72 Request for Deposition, signed by Chief Judge Lawrence J. O'Neill on 9/19/17. (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 STEVEN R. MILLER, Plaintiff, 6 MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR DEPOSITION (Doc. 72) v. 7 8 1:12-cv-01288-LJO ALBERT NAJERA, et al., Defendants. 9 10 11 Pro se Plaintiff Steven Miller brings this case alleging failure to protect and deliberate 12 indifference under the Eighth and Fourteenth Amendments. On September 7, 2017, Plaintiff filed the 13 instant motion for leave to depose Defendant Margaret Mims. CM/ECF Document No. (“Doc.”) 72. On 14 September 8, 2017, Defendants filed an opposition by and through counsel. Doc. 73. Plaintiff did not 15 file a reply within the seven days provided under Local Rule 230(l) and the motion is deemed submitted. 16 Plaintiff filed a similar motion for post-discovery deposition, which the Court denied as untimely and 17 which is incorporated here by reference. Doc. 71. The discovery deadline in this case has passed and 18 Plaintiff has not shown any good cause to reopen discovery. Plaintiff’s motion is therefore DENIED. 19 20 IT IS SO ORDERED. 21 Dated: 22 /s/ Lawrence J. O’Neill _____ September 19, 2017 UNITED STATES CHIEF DISTRICT JUDGE 23 24 25 1

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