(PC) Washington v. Hicks, et al.
Filing
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ORDER DENYING 105 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. 105.)
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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
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Hicks. (ECF No. 105.) Plaintiff’s motion is untimely. The motion to compel was filed
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after the discovery deadline of April 10, 2022 had expired, and discovery has not been
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reopened.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel
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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
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