Van Buren v. Willard et al

Filing 55

ORDER Denying Plaintiff's 52 Motion to Compel without Prejudice, signed by Magistrate Judge Dennis L. Beck on 2/11/15. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IRVIN VAN BUREN, 12 13 14 Plaintiff, v. EMERSON, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01273-LJO-DLB (PC) ORDER DENYING PLAINTIFF’S MOTION TO COMPEL WITHOUT PREJUDICE (Document 52) Plaintiff Irvin Ban Buren (“Plaintiff”) is a prisoner in the custody of the California Department 18 of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. 20 21 22 Defendant’s December 3, 2014, motion for summary judgment based on exhaustion is pending. On February 2, 2015, Plaintiff filed a motion to compel Defendant Emerson to respond to 23 discovery. The discovery at issue, however, was served on December 29, 2014. Pursuant to the 24 Discovery and Scheduling order, Defendant has thirty days after service of the discovery to serve 25 responses. Plaintiff’s motion was signed on January 28, 2015, which is the exact date that 26 Defendant’s responses were due. 27 28 1 1 2 3 The Court will not entertain a motion to compel filed on the day on which documents are due. This is especially true given the normal delays in receiving institutional mail. Accordingly, Plaintiff’s motion is DENIED, without prejudice, as premature. 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Dennis February 11, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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