Estrada v. Tassey et al

Filing 150

ORDER DENYING Plaintiff's 146 Motion to Compel Responses from Defendants as PREMATURE signed by Magistrate Judge Dennis L. Beck on 1/21/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,

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v.

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GIPSON, et al.,

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Defendants.

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Case No.: 1:13cv00919 LJO DLB (PC)
ORDER DENYING PLAINTIFF’S
MOTION TO COMPEL RESPONSES
FROM DEFENDANTS AS PREMATURE
(Document 146)

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Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action. Plaintiff filed his First Amended Complaint on August 7, 2013. Pursuant to

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the Court’s screening order and Plaintiff’s notice of willingness to proceed on the cognizable claims,

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this action is proceeding against (1) Defendants Gipson and Espinosa for retaliation in violation of the

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First Amendment; and (2) Defendants Gipson, Espinosa, Lambert and Cavazos for violation of the

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Eighth Amendment.

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Discovery closed on December 15, 2014.

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On December 24, 2014, Plaintiff filed a motion to compel responses to his Request for
Production of Documents, Set Three, served on Defendants.1 Defendants did not file an opposition
and the Court deems the matter suitable for decision pursuant to Local Rule 230(l).

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DISCUSSION

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According to Plaintiff’s motion and attached exhibits, he served Requests for Production of

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Documents, Set Three, on Defendants on November 25, 2014. Plaintiff’s motion, however, was

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signed on December 9, 2014, long before Defendants’ responses were due.

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Accordingly, Plaintiff’s motion to compel is DENIED as premature.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

January 21, 2015

UNITED STATES MAGISTRATE JUDGE

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L. Beck

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The motion is sealed, but the Court sees no reason to seal this order.

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