Tompkins v. Stephens et al

Filing 81

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/12/11 denying plaintiff's motions to compel 73 , 74 . Plaintiff must respond to defendants' motion for summary judgment within 21 days of the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN MARSHALL TOMPKINS,

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Plaintiff,

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vs.

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No. CIV S-07-2346 GEB EFB P

STEPHENS, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed two motions to compel, which defendants have opposed. See Dckt.

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Nos. 73, 74, 76, 77.
Plaintiff’s motions assert that he propounded interrogatories and requests for production

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of documents but did not receive responses from defendants. Defendants’ oppositions and

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attachments show that defendants have indeed responded to the discovery requests. See Dckt.

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No. 77, Exs. D-F (defendants’ interrogatory responses), Dckt. No. 76, Ex. B (defendants’

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response to plaintiff’s request for production of documents). It appears that plaintiff has now

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received defendants’ discovery responses, and his motions to compel should be denied as moot.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s motions to compel, Dckt. Nos. 73 and 74, are denied; and

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2. Plaintiff must respond to defendants’ motion for summary judgment within 21 days of

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the date of this order.

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DATED: April 12, 2011.

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