Charles Windham v. Rodriguez et al

Filing 32

ORDER Overruling Plaintiff's Objection to Discovery and Scheduling Order 30 ; ORDER Regarding Plaintiff's Declaration, Filed May 17, 2017 31 , signed by Magistrate Judge Stanley A. Boone on 5/18/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES WINDHAM,
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Plaintiff,
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v.
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C. RODRIGUEZ, et al.,
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Defendants.
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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTION TO DISCOVERY AND
SCHEDULING ORDER
[ECF No. 30]
ORDER REGARDING PLAINTIFF’S
DECLARATION, FILED MAY 17, 2017
[ECF No. 31]

Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 17, 2017, Plaintiff filed an objection to the discovery and scheduling order issued on

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April 26, 2017 (ECF No. 29.) Plaintiff objects that the deadlines are one year too short, except for the

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deadline for filing motions for summary judgment under Federal Rule of Civil Procedure 56 for the

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failure to exhaust administrative remedies. Plaintiff asserts that the other deadlines should be

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continued one year, because CDCR defendants will engage in obstructive, dilatory, and bad faith

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tactics and strategies.

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Plaintiff also filed a declaration in support, stating that he attempted to obtain copies of his

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objection, but his request was denied because the library technician assistant said she is not a librarian.

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Plaintiff asserts that this impediment obstructs the equitable and expeditions resolution of this case.
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Plaintiff’s request to advance the deadlines in the discovery and scheduling order (ECF No. 29)

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is HEREBY DENIED, as no good cause has been shown, and his assertions are speculative.

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is admonished to propound his discovery requests and proceed with his litigation with all diligence so

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as avoid any prejudice to him in having discovery disputes close to the deadline.

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IT IS SO ORDERED.

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Dated:

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May 18, 2017
UNITED STATES MAGISTRATE JUDGE

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Plaintiff