Garcia, Jr. v. Tulare County Main Jail et al

Filing 43

ORDER Requiring Defendants to Respond to Plaintiff's 41 MOTION to COMPEL, signed by Magistrate Judge Barbara A. McAuliffe on 2/14/18. Twenty-One Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:14-cv-00476-BAM (PC)

OMAR GARCIA, JR.,

ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION TO
COMPEL

v.
TULARE COUNTY MAIN JAIL, et al,

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(ECF No. 41)

Defendants.

TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Omar Garcia, Jr. (“Plaintiff”), proceeding pro se and in forma pauperis, initiated

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this civil rights action pursuant to 42 U.S.C. § 1983 while he was detained at the Bob Wiley

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Detention Facility in Visalia, California. Plaintiff is now a state prisoner housed at California

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State Prison, Los Angeles County. This action proceed on Plaintiff’s first amended complaint

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against: (1) Defendants O’Rafferty and Kaiois (sued as Kaious) for excessive force in violation of

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the Fourteenth Amendment, (2) Defendant Onstott for failure to intervene in violation of the

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Fourteenth Amendment; (3) Defendants O’Rafferty, Kaiois, Flores, Avina, Myers (sued as

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Meyers) and Ellis for deliberate indifference to serious medical needs in violation of the

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Fourteenth Amendment; and (4) Defendants O’Rafferty, Kaiois, Flores, Avina, Myers and Ellis

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for negligence in violation of state law.

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Currently before the Court is Plaintiff’s motion to compel, filed on January 22, 2018.

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(ECF No. 41.) Based on this filing, it is unclear to the Court whether Plaintiff seeks further

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responses to certain requests for production, or whether Plaintiff has mistakenly served the Court

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with his discovery requests. Defendants’ response to this motion was due within twenty-one (21)

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days of service of the motion, but no response was filed. Local Rule 230(l).

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Accordingly, it is HEREBY ORDERED that Defendants shall file a response to Plaintiff’s

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motion to compel (ECF No. 41) within twenty-one (21) days of the date of service of this order.

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Any request for an extension of time to comply with this order will require a showing of good

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cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 14, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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