Corena v. Holland et al

Filing 40

ORDER Requiring Response to Motion to Compel signed by Magistrate Judge Erica P. Grosjean on 08/28/2018. Seven-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE CORENA,

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Case No. 1:16-cv-01025-LJO-EPG (PC)

Plaintiff,

ORDER REQUIRING RESPONSE TO
MOTION TO COMPEL

v.

(ECF NO. 39)

RODRIGUEZ, et al.,
Defendants.

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Jorge Corena (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 25, 2018, the Court held an

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Initial Scheduling Conference (“Conference”).

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After the conference, in order to facilitate the identification of Doe defendants (the
deadline for which is September 28, 2018 (ECF No. 38, p. 5)), the Court ordered that:
No later than July 27, 2018, defendant Rodriguez shall either: 1)
provide to Plaintiff copies of the log books from CCI Level 3,
Yard C, Housing Unit 2, from July 8, 2014, through July 16,
2014; or 2) file an objection with the Court to providing copies of
the log books. Defendant Rodriguez may redact the names of all
employees in the log books except for those who are parties (or
proposed parties) to this case. If defendant Rodriguez chooses to
redact the log books, he must make unredacted versions available
to Plaintiff to inspect. If no log books are found, defendant
Rodriguez shall inform Plaintiff that a search was conducted, and
that no log books were found.

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…

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No later than July 27, 2018, defendant Rodriguez shall either: 1)
provide to Plaintiff the medical ledger from CCI, Level 3 Yard,
Medical Building, that includes the dates of July 9, 2014, through
July 15, 2014; or 2) file an objection with the Court to providing
the medical ledger. Defendant Rodriguez may redact the names
of all employees in the medical ledger except for those who are
parties (or proposed parties) to this case. If defendant Rodriguez
chooses to redact the medical ledger, he must make an
unredacted version available to Plaintiff to inspect. If no medical
ledger is found, defendant Rodriguez shall inform Plaintiff that a
search was conducted, and that no medical ledger was found.

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(ECF No. 37, pgs. 2-3).

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On August 27, 2018, Plaintiff filed a “notice to court failure to produce log books as

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ordered” (ECF No. 39), which the Court construes as a motion to compel. According to

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Plaintiff, he was not allowed to inspect the log books until August 1, 2018. Additionally,

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Plaintiff believes that he was only allowed to inspect photograph copies of the log books, and

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that contrary to the Court’s order, information was missing.

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Because Plaintiff has alleged that defense counsel has failed to comply with the Court’s
order, the Court will require defense counsel to file a response within seven days.
Accordingly, IT IS ORDERED that defense counsel has seven days from the date of
service of this order to file a response to Plaintiff’s motion to compel.

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IT IS SO ORDERED.
Dated:

August 28, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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