Caesar v. Beard, et al.

Filing 64

ORDER Denying Plaintiff's 63 Motion for Order Compelling Discovery Responses signed by Magistrate Judge Barbara A. McAuliffe on 02/26/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY CAESAR,
Plaintiff,

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v.
LOPEZ, et al.,
Defendants.

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Case No.: 1:13-cv-01726-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
AN ORDER COMPELLING DISCOVERY
RESPONSES
(ECF No. 63)

Plaintiff Danny Caesar is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to for an

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order compelling discovery responses, dated February 14, 2018. (ECF No. 63.) Plaintiff states that he

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served written discovery requests on January 9, 2018, but did not receive any answers as of the date of

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his motion.

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Under this Court’s discovery and scheduling order, dated November 22, 2017, responses to

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written discovery requests shall be due forty-five (45) days after the request is first served. (ECF No.

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55 ¶ 2.) Accordingly, Defendants responses were not due until after Plaintiff’s motion was filed.

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Accordingly, Plaintiff’s motion compelling discovery responses is HEREBY DENIED, as
premature.

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IT IS SO ORDERED.
Dated:

February 26, 2018

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE