Duncan v. Kim, et al.

Filing 41

ORDER GRANTING Defendant's 39 Withdrawal of 34 Motion to Compel and DISCHARGING 36 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 11/5/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMAAL L. DUNCAN,

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Plaintiff,
v.
M.D. DR. KIM, et al.,

1:13-cv-01153-AWI-JLT (PC)
ORDER GRANTING DEFENDANT'S
WITHDRAWAL OF MOTION TO COMPEL
AND DISCHARGING ORDER TO SHOW
CAUSE
(Docs. 34, 36, 39)

Defendants.

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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. '

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1983. On October 2, 2014, an order issued for Plaintiff to show cause as to why the action should

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not be dismissed for Plaintiff's failure to file an opposition to Defendant's motion to compel

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discovery responses. (Doc. 10.) Plaintiff failed to file a response. However, on November 3,

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2014, Defendant filed a notice of withdrawal of the motion to compel indicating that Plaintiff's

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responses to propounded discovery had been received. (Doc. 10, 11, 12, 14.)

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While the basis for the order to show cause has been obviated, Plaintiff is admonished of

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his duty to respond to motions filed by the defendants in this action and to respond when ordered

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to do so by this Court.

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Accordingly, it is HEREBY ORDERED that Defendant's request to withdraw the motion
to compel discovery responses, filed November 3, 2014 (Doc. 39), is GRANTED, Defendants'

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motion to compel, filed August 20, 2014 (Doc. 34) is deemed WITHDRAWN, and the order to

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show cause, which issued on October 2, 2014 (Doc. 36), is DISCHARGED.

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IT IS SO ORDERED.

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Dated:

November 5, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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