(PC) Washington v. Hicks, et al.

Filing 136

ORDER DENYING 105 Motion to Compel Discovery From Defendant Rocha signed by Magistrate Judge Gary S. Austin on 9/18/2022.(Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRACYE BENARD WASHINGTON, 12 Plaintiff, ORDER DENYING MOTION TO COMPEL DISCOVERY FROM DEFENDANT ROCHA 13 vs. 14 HICKS, et al., 15 1:19-cv-00156-JLT-GSA-PC (ECF No. 105.) Defendants. 16 17 18 19 Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this 20 civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 21 22 23 24 25 26 27 28 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 25, 2022, Plaintiff filed a motion to compel discovery from defendant Rocha. (ECF No. 105.) Plaintiff’s motion shall be denied for two reasons: 1- the motion to compel was untimely filed because the discovery deadline of April 10, 2022 had expired, and discovery has not been reopened; 2- on August 11, 2022, defendant Rocha’s motion for terminating discovery sanctions was granted and defendant Rocha was dismissed from this action. Therefore, the Court shall deny Plaintiff’s motion to compel discovery from defendant Rocha. 1 1 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel discovery from defendant Rocha, filed on April 25, 2022, is denied. 3 4 5 6 IT IS SO ORDERED. Dated: September 18, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?