Miskam v. McAllistr et al

Filing 48

ORDER signed by District Judge J. Michael Seabright on 10/12/2010. Plantiff's 41 Motion to Compel is GRANTED to the extent it seeks a Response from defendants on Discovery requests. Defendants shall respond to plaintiff's Requests by 10/29/2010. Court also DENIES the Motion to the extent it seeks substantive sanctions against defendants. (Marciel, M)

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(PC) Miskam v. McAllistr et al Doc. 48 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TRAVIS GEORGE MISKAM, ) ) Plaintiff, ) ) vs. ) ) S. MCALLISTER, et al., ) ) Defendants. ) ) _______________________________ ) CIVIL NO. 2:08-02229 JMS ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR A COURT ORDER TO COMPEL A DISCOVERY RESPONSE ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR A COURT ORDER TO COMPEL A DISCOVERY RESPONSE On August 30, 2010, pro se prisoner Travis George Miskam ("Plaintiff") filed a document titled "Motion for a Court Order to Compel a Discovery Response" ("Plaintiff's Motion to Compel"). Plaintiff asserts that he served Defendants with a Request for Production of Documents on May 4, 2010, and a First Set of Interrogatories on May 25, 2010. The court ordered Defendants to file an Opposition to Plaintiff's Motion to Compel by October 5, 2010. Defendants failed to file any Opposition. The court GRANTS Plaintiff's Motion to Compel to the extent it seeks a response from Defendants on Plaintiff's discovery requests. Defendants shall respond to Plaintiff's discovery requests by October 29, 2010. Failure to Dockets.Justia.com respond to Plaintiff's discovery requests will result in sanctions. The court DENIES Plaintiff's Motion to Compel, however, to the extent it seeks substantive sanctions against Defendants. Defendants are warned that any further failure to comply with their discovery obligations will result in sanctions. IT IS SO ORDERED. DATED: Honolulu, Hawaii, October 12, 2010. /s____________________________ _ / J. Michael Seabright J. Michael Seabright United States District Judge Miskam v. McAllister, Civ. No. 2:08-02229 JMS, Order Granting in Part and Denying in Part Plaintiff's Motion for a Court Order to Compel a Discovery Response 2

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