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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 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, 15 (ECF No. 41) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Omar Garcia, Jr. (“Plaintiff”), proceeding pro se and in forma pauperis, initiated 18 19 this civil rights action pursuant to 42 U.S.C. § 1983 while he was detained at the Bob Wiley 20 Detention Facility in Visalia, California. Plaintiff is now a state prisoner housed at California 21 State Prison, Los Angeles County. This action proceed on Plaintiff’s first amended complaint 22 against: (1) Defendants O’Rafferty and Kaiois (sued as Kaious) for excessive force in violation of 23 the Fourteenth Amendment, (2) Defendant Onstott for failure to intervene in violation of the 24 Fourteenth Amendment; (3) Defendants O’Rafferty, Kaiois, Flores, Avina, Myers (sued as 25 Meyers) and Ellis for deliberate indifference to serious medical needs in violation of the 26 Fourteenth Amendment; and (4) Defendants O’Rafferty, Kaiois, Flores, Avina, Myers and Ellis 27 for negligence in violation of state law. 28 /// 1 1 Currently before the Court is Plaintiff’s motion to compel, filed on January 22, 2018. 2 (ECF No. 41.) Based on this filing, it is unclear to the Court whether Plaintiff seeks further 3 responses to certain requests for production, or whether Plaintiff has mistakenly served the Court 4 with his discovery requests. Defendants’ response to this motion was due within twenty-one (21) 5 days of service of the motion, but no response was filed. Local Rule 230(l). 6 Accordingly, it is HEREBY ORDERED that Defendants shall file a response to Plaintiff’s 7 motion to compel (ECF No. 41) within twenty-one (21) days of the date of service of this order. 8 Any request for an extension of time to comply with this order will require a showing of good 9 cause. 10 11 12 IT IS SO ORDERED. Dated: /s/ Barbara February 14, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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