Gutierrez v. Gutierrez

Filing 44

ORDER Denying Motion Plaintiff's Motion For Discovery Scheduling Order As Moot (Doc. 42 ), signed by Magistrate Judge Gary S. Austin on 12/3/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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G. J. GUTIERREZ,

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1:13-cv-00421-LJO-GSA-PC

Plaintiff,

ORDER DENYING PLAINTIFF=S
MOTION FOR DISCOVERY
SCHEDULING ORDER AS MOOT
(Doc. 42.)

vs.
A. GUTIERREZ,

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Defendant.

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G. J. Gutierrez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights
This case now proceeds on Plaintiff’s original

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action pursuant to 42 U.S.C. ' 1983.

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Complaint, filed on March 22, 2013, against defendant A. Gutierrez, for use of excessive force

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in violation of the Eighth Amendment. (Doc. 1.)

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On December 1, 2014, Plaintiff filed a motion seeking a discovery scheduling order

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commencing discovery in this action. (Doc. 42.) Plaintiff asserts that on September 17, 2014,

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the court denied Defendant’s motion to dismiss, and since then no other orders have been

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issued.

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Plaintiff’s motion is moot because on November 21, 2014, the court issued a Discovery

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and Scheduling Order commencing discovery in this action.1 (Doc. 41.) Therefore, Plaintiff’s

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motion shall be denied.

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Ordinarily, the court issues a Discovery and Scheduling Order in cases such as Plaintiff’s after one of
the defendants files an Answer. In this case, Defendant filed an Answer on November 19, 2014, and the court
issued the Discovery and Scheduling Order on November 21, 2014. (Docs. 40, 41.)
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a Discovery
Scheduling Order, filed on December 1, 2014, is DENIED as moot.

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IT IS SO ORDERED.
Dated:

December 3, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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