Mitchell v. Snowden et al
ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 ordering within 30 days of the date of service of this order defense counsel shall file a response to plaintiff's motion for an extension of time to conduct discovery. In any response to plaintiff's motion for an extension of time, defense counsel is directed to inform the court as to the status of plaintiff's legal property. (Plummer, M)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHAEL JEROME MITCHELL,
No. CIV S-08-1658 JAM DAD P
SNOWDEN, et al.,
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
seeking relief under 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an
extension of time to conduct discovery.
On October 6, 2011, the court issued an order extending the deadline for
discovery and dispositive motions in this action because both parties had demonstrated good
cause to modify the original scheduling order. Specifically, defendants informed the court that
they had been unable to depose plaintiff because his psychiatric condition had deteriorated and he
was being held in an inpatient mental health unit where he was without access to his legal and
personal property. In addition, plaintiff informed the court that he was unable to complete
discovery in the four months allotted for that phase of the litigation in the original scheduling
order due to his inpatient hospitalization.
In plaintiff’s most recently filed motion for an extension of time to conduct
discovery, plaintiff explains that he still has not received access to his legal and personal property
and is unable to meet the new discovery deadline established by the court. At this time the court
will not rule on plaintiff’s motion for an extension of time and instead will order defense counsel
to file a response to plaintiff’s motion. In any response to plaintiff’s motion, defense counsel is
directed to inform the court as to the status of plaintiff’s legal and personal property.
Accordingly, IT IS HEREBY ORDERED that:
1. Within thirty days of the date of service of this order defense counsel shall file
a response to plaintiff’s motion for an extension of time to conduct discovery; and
2. In any response to plaintiff’s motion for an extension of time, defense counsel
is directed to inform the court as to the status of plaintiff’s legal and personal property.
DATED: November 22, 2011.
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