Carmichael v. The GEO Group Inc. et al

Filing 36

ORDER signed by Magistrate Judge Dennis L. Beck on 6/12/2014 denying 34 Motion to Compel as moot. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CARMICHAEL,

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Plaintiff,
v.
W. WILSON, et al.,
Defendants.

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Case No.: 1:12cv01913 LJO DLB (PC)
ORDER DENYING PLAINTIFF’S
MOTION TO COMPEL AS MOOT
(Document 34)

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Plaintiff Michael Carmichael (“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 forma

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

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Pursuant to the March 25, 2014, Discovery and Scheduling Order, discovery closes on August
22, 2014. The dispositive motion deadline is October 21, 2014.
On May 27, 2014, Plaintiff filed a motion to compel responses to interrogatories and requests

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for admissions served on April 20, 2014. Plaintiff had not received any responses as of the date of his

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motion, which is signed May 22, 2014.

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On June 11, 2014, Defendants filed an opposition. Defendants state that Plaintiff’s motion was
premature, as their responses were not due until May 27, 2014, due to the Memorial Day holiday. On
May 27, 2014, Defendants served their responses. Wrosch Decl. ¶ 5.

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Accordingly, as Plaintiff’s motion was based solely on not receiving responses, his motion is
DENIED AS MOOT.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 12, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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