Griffin v. Johnson et al

Filing 176

ORDER Denying Plaintiff's Second 161 Motion for Protective Order as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 10/6/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW JAMES GRIFFIN, 12 13 14 15 Plaintiff, v. A. JOHNSON, et al., Case No. 1:13-cv-01599-LJO-BAM (PC) ORDER DENYING PLAINTIFF’S SECOND MOTION FOR PROTECTIVE ORDER AS MOOT (ECF Nos. 161, 162) Defendants. 16 17 Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s claims of excessive force and deliberate indifference to serious medical needs in 20 violation of the Eighth Amendment against Defendants Johnson, Gonzales, Valdez, Munoz, 21 Sexton, Ross, Thor, Doe, Kul, Busch, Bell, and Smith. 22 On August 10, 2017, Plaintiff filed a second motion for a protective order and a notice 23 regarding the filing of this motion. (ECF Nos. 161, 162.) In his notice, Plaintiff states that he 24 recently discovered that this motion, originally mailed to the Court on November 4, 2016, was 25 never received by the Court. Plaintiff submits a copy of the original motion for filing. 26 Defendants filed an opposition on September 1, 2017. (ECF No. 163.) Defendants note 27 that the deadline for conducting discovery and filing motions to compel has run, and Plaintiff’s 28 motion is moot for that reason. In addition, Defendants state that Plaintiff represented during his 1 1 deposition that he had produced all documents requested in the Notice of Deposition in his 2 possession, custody, and control. (Id.) 3 Based on the foregoing, it appears that the matters raised in Plaintiff’s second motion for 4 protective order are now moot. Accordingly, Plaintiff’s second motion for protective order (ECF 5 No. 161) is HEREBY DENIED as moot. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara October 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 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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