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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW JAMES GRIFFIN,
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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.
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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. This action proceeds on
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Plaintiff’s claims of excessive force and deliberate indifference to serious medical needs in
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violation of the Eighth Amendment against Defendants Johnson, Gonzales, Valdez, Munoz,
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Sexton, Ross, Thor, Doe, Kul, Busch, Bell, and Smith.
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On August 10, 2017, Plaintiff filed a second motion for a protective order and a notice
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regarding the filing of this motion. (ECF Nos. 161, 162.) In his notice, Plaintiff states that he
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recently discovered that this motion, originally mailed to the Court on November 4, 2016, was
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never received by the Court. Plaintiff submits a copy of the original motion for filing.
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Defendants filed an opposition on September 1, 2017. (ECF No. 163.) Defendants note
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that the deadline for conducting discovery and filing motions to compel has run, and Plaintiff’s
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motion is moot for that reason. In addition, Defendants state that Plaintiff represented during his
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deposition that he had produced all documents requested in the Notice of Deposition in his
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possession, custody, and control. (Id.)
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Based on the foregoing, it appears that the matters raised in Plaintiff’s second motion for
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protective order are now moot. Accordingly, Plaintiff’s second motion for protective order (ECF
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No. 161) is HEREBY DENIED as moot.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
October 6, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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