(PC) Washington v. Hicks, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TRACYE BENARD WASHINGTON,
HICKS, et al.,
ORDER DENYING MOTION TO COMPEL
DISCOVERY FROM DEFENDANT HICKS
(ECF No. 105.)
Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this
civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s
Complaint filed on February 5, 2019, against defendant Sergeant David Hicks for use of
excessive force in violation of the Eighth Amendment. (ECF No. 1.)
On April 21, 2022, Plaintiff filed a motion to compel discovery from defendant
Hicks. (ECF No. 105.) Plaintiff’s motion is untimely. The motion to compel was filed
after the discovery deadline of April 10, 2022 had expired, and discovery has not been
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.
IT IS SO ORDERED.
Dated: September 14, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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