Hernandez v. Hernandez et al

Filing 50

ORDER Granting Plaintiff's 49 Request for Copy, and Denying Request for Discovery Dispute Conference signed by Magistrate Judge Michael J. Seng on 03/06/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERICO HERNANDEZ,
Plaintiff,

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v.
M. HERNANDEZ, et al.,
Defendants.

Case No. 1:13-cv-01625-AWI-MJS (PC)
ORDER (1) GRANTING PLAINTIFF’S
REQUEST FOR COPY, AND
(2) DENYING REQUEST FOR
DISCOVERY DISPUTE CONFERENCE
(ECF No. 49)
CLERK TO SEND PLAINTIFF COPY OF
ECF No. 42

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds against
Defendants Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth
Amendment excessive force claim. (ECF No. 16.)
Before the Court is Plaintiff’s February 27, 2015 request for a copy of the Court’s
discovery and scheduling order. Plaintiff states that he has been moved to a new
institution and does not have his legal materials. He requests a copy of the discovery
and scheduling order to alert officials at his new institution of pending deadlines in this
action and to thereby more readily obtain his legal materials. (ECF No. 49.)

Plaintiff’s request for a copy will be granted. To the extent Plaintiff’s lack of his

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2 legal property interferes with his ability to meet deadlines in this action, he may seek an
3 extension of time.
Plaintiff’s request also states that he asked defense counsel to arrange a

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5 telephonic discovery dispute conference on February 19, 2015. He does not state the
6 basis for requesting such a conference, and so the request will be denied. Plaintiff may
7 renew his request by setting forth precisely what discovery he believes is lacking and
8 why.
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Based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s request for copy (ECF No. 49) is GRANTED;

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2. The Clerk’s Office is directed to send Plaintiff a copy of ECF No. 42; and

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3. Plaintiff’s request for a discovery dispute conference is DENIED.

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IT IS SO ORDERED.
Dated:

March 6, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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