Griffin v. Johnson et al
Filing
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ORDER Denying 111 Motion to Compel Plaintiff Matthew James Griffin to Provide Responses to Interrogatories as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 9/11/17. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW JAMES GRIFFIN,
Case No. 1:13-CV-01599-LJO-BAM (PC)
Plaintiff,
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v.
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ORDER DENYING MOTION TO COMPEL
PLAINTIFF MATTHEW JAMES GRIFFIN
TO PROVIDE RESPONSES TO
INTERROGATORIES AS MOOT
A. JOHNSON, et al.,
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(ECF No. 111)
Defendants.
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Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently pending before
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the Court is a motion to compel Plaintiff to provide responses to four sets of interrogatories
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propounded by Defendants Johnson, Gonzales, Busch and Munoz.
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opposition and no reply were filed.
(ECF No. 111.)
No
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On August 3, 2016, Defendants Johnson, Gonzales, Busch and Munoz each propounded a
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set of interrogatories on Plaintiff. (ECF No. 111-1, Ex. A.) Plaintiff’s responses were due on or
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before September 20, 2016. (ECF No. 111-2 at p. 2.) However, as of the filing of the motion to
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compel on September 30, 2016, Plaintiff had not served responses to Defendants’ interrogatories.
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(Id.) Therefore, Defendants requested an order compelling Plaintiff to serve his responses.
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Although Plaintiff did not file an opposition to the motion to compel, he submitted a
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response to a motion for sanctions filed by Defendants Ross, Sexton, Smith, Thor and Valdez.
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(ECF No. 133.) According to that response, as of November 7, 2016, Plaintiff had already
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responded in writing to interrogatories from Defendants Busch, Johnson, Munoz and Gonzales.
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(Id. at p. 6.)
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Defendants Gonzales and Busch in support of his opposition to their motions for summary
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judgment.1 (ECF No. 147, Exs. 2 and 4.)
Additionally, Plaintiff filed his responses to interrogatories propounded by
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Based on the record before the Court, it appears that Plaintiff has served responses to the
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interrogatories at issue. Accordingly, Defendants’ motion to compel is HEREBY DENIED as
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moot.
IT IS SO ORDERED.
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Dated:
/s/ Barbara
September 11, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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Based on the exhibits, the responses reportedly were served on October 25, 2016.
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