Harris v. German et al

Filing 85

ORDER GRANTING Plaintiff's 81 , 82 , Motions for Extension of Time; SIXTY-DAY (60) DEADLINE to File Motion to Compel and to Conduct Depositions, signed by Magistrate Judge Gary S. Austin on 1/30/2020. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE HARRIS,

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Plaintiff,

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1:15-cv-01462-DAD-GSA-PC
ORDER GRANTING PLAINTIFF’S
MOTIONS FOR EXTENSION OF
TIME
(ECF Nos. 81, 82.)

vs.
HUMBERTO GERMAN, et al.,

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SIXTY-DAY DEADLINE TO FILE
MOTION TO COMPEL AND TO
CONDUCT DEPOSITIONS

Defendants.

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I.

BACKGROUND

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Devonte Harris (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First

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Amended Complaint filed by Plaintiff on March 14, 2016, against defendants Correctional

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Officer (C/O) Humberto German, C/O Philip Holguin, and C/O R. Burnitzki (collectively,

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“Defendants”), for use of excessive force in violation of the Eighth Amendment; and against

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defendant C/O Philip Holguin for retaliation in violation of the First Amendment.1 (ECF No. 8.)

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On December 2, 2019, Plaintiff filed motions for a sixty-day extension of time to file a

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motion to compel, and a sixty-day extension of time to conduct depositions. (ECF Nos 81, 82.)

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On January 17, 2019, the court dismissed all other claims and defendants from this case based
on Plaintiff’s failure to state a claim. (ECF No. 31.)

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Defendants have not opposed the motions, and the time for opposition has passed. Local Rule

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230(l).

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II.

PLAINTIFF’S MOTIONS

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A.

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Plaintiff seeks a sixty-day extension of time to file a motion to compel in which he seeks

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to compel Defendants to comply with the court’s order issued on September 24, 2019, which

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ordered Defendants to produce discovery documents no later than October 25, 2019. (ECF No.

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77.) Plaintiff asserts that Defendants only produced a confidential appeal query and failed to

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produce the internal affairs report that was ordered.

Motion for Extension of Time to File Motion to Compel (ECF No. 81.)

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Plaintiff asserts that on November 5, 2019, he was transferred from California State

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Prison-Corcoran to California State Prison-Sacramento for a criminal proceeding in Sacramento,

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and that prison staff only allowed him to transfer with a limited amount of his legal material,

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none of which is related to this case. For this reason, and because he has been engrossed in the

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criminal trial in which he is representing himself, Plaintiff asserts that he has not been able to file

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the motion to compel.

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Defendants have not opposed Plaintiff’s motion for extension of time. Based on the

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foregoing, the court finds good cause to grant Plaintiff an extension of time to file the motion to

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compel he describes above.

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B.

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For the same reasons cited above, Plaintiff seeks a sixty-day extension of time to arrange

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for and conduct depositions. Defendants have not opposed Plaintiff’s motion for extension of

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time. The court finds good cause to grant Plaintiff an extension of time to arrange for and conduct

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depositions.

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IV.

Motion for Extension of Time to Conduct Depositions (ECF No. 82.)

CONCLUSION

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Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motions for extension of time, filed on December 2, 2019, are
GRANTED;

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2.

Plaintiff is granted sixty days from the date of service of this order in which to file

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a motion to compel Defendants to comply with the court’s order of September 24,

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2019; and

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3.

Plaintiff is granted sixty days from the date of service of this order in which to

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arrange for and conduct depositions, pursuant to the court’s order of October 15,

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2019.

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IT IS SO ORDERED.
Dated:

January 30, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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