(PC) Washington v. Hicks, et al.

Filing 133

ORDER DENYING 104 Motion to Compel Discovery From Defendant Hicks as Untimely, signed by Magistrate Judge Gary S. Austin on 9/14/2022. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACYE BENARD WASHINGTON,
Plaintiff,

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1:19-cv-00156-JLT-GSA-PC

vs.
HICKS, et al.,
Defendants.

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ORDER DENYING MOTION TO COMPEL
DISCOVERY FROM DEFENDANT HICKS
AS UNTIMELY
(ECF No. 104.)

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Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this

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civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s

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Complaint filed on February 5, 2019, against defendant Sergeant David Hicks for use of

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excessive force in violation of the Eighth Amendment. (ECF No. 1.)

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On April 21, 2022, Plaintiff filed a motion to compel discovery from defendant Hicks.

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(ECF No. 104.) Plaintiff’s motion is untimely. The motion to compel was filed after the

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discovery deadline of April 10, 2022 had expired, and discovery has not been reopened.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel discovery
from defendant Rocha, filed on April 25, 2022, is denied as untimely filed.

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IT IS SO ORDERED.
Dated:

September 14, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE