(PC) Washington v. Hicks, et al.

Filing 134

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 TRACYE BENARD WASHINGTON, Plaintiff, 9 10 11 1:19-cv-00156-JLT-GSA-PC vs. HICKS, et al., Defendants. 12 ORDER DENYING MOTION TO COMPEL DISCOVERY FROM DEFENDANT HICKS AS UNTIMELY (ECF No. 105.) 13 14 Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this 15 civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 16 Complaint filed on February 5, 2019, against defendant Sergeant David Hicks for use of 17 excessive force in violation of the Eighth Amendment. (ECF No. 1.) 18 On April 21, 2022, Plaintiff filed a motion to compel discovery from defendant 19 Hicks. (ECF No. 105.) Plaintiff’s motion is untimely. The motion to compel was filed 20 after the discovery deadline of April 10, 2022 had expired, and discovery has not been 21 reopened. 22 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel 23 discovery from defendant Rocha, filed on April 25, 2022, is denied as untimely filed. 24 25 26 27 28 IT IS SO ORDERED. Dated: September 14, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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