Heilman v. Vokufka et al

Filing 100

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/03/12 denying 97 Motion to compel and granting 99 Motion for Extension of time. Plaintiff shall have a one time extension of 30 days from the date of this order to file and serve a pretrial statement. (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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THOMAS JOHN HEILMAN,
Plaintiff,

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vs.
VOJKULFKA, et al.,
Defendants.

ORDER
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No. 2:08-cv-2788 KJM EFB P

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

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U.S.C. § 1983. On July 10, 2012, the court ordered plaintiff to file a pretrial statement within

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30 days. Dckt. No. 96. In response, plaintiff filed a motion to compel and requested an

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extension of time to file a pretrial statement. Dckt. Nos. 97, 99. As stated below, the court

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denies plaintiff’s motion to compel but grants plaintiff one 30-day extension of time to file a

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pretrial statement.

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In his motion to compel, plaintiff concedes that the discover deadline “has long passed.”

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See Dckt. No. 97. See also Jan. 20, 2010 Discovery & Scheduling Order, Dckt. No. 18

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(requiring that motions to compel be filed by April 16, 2010); Dckt. No. 38 (extending discovery

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deadline to September 26, 2010, for a limited purpose). Nevertheless, plaintiff requests an order

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mandating that the California Department of Corrections and Rehabilitation supplement the
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discovery responses that they provided to plaintiff nearly two years ago, on October 29, 2010.

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Dckt. No. 97 at 2. According to plaintiff, he previously moved to compel these responses but the

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issue “was never properly addressed by the court.” Id. at 3. However, the case file reflects that

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on February 17, 2011, the court denied plaintiff’s motion to compel the responses he now seeks.

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See Dckt. No. 74 (granting in part and denying in part plaintiff’s motion to compel (Dckt. No.

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67)). Plaintiff’s motion, whether construed as a motion to compel or a motion for

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reconsideration of the February 17, 2011 order, is denied as untimely. See E.D. Cal., Local Rule

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303(b) (“Rulings by Magistrate Judges . . . shall be final if no reconsideration thereof is sought

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from the Court within fourteen (14) days . . . .”).

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Plaintiff also requests an extension of time to file and serve a pretrial statement. See Fed.

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R. Civ. P. 6(b). Plaintiff claims to be without copies of certain documents that he needs in order

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to prepare his pretrial statement. Plaintiff is hereby informed that he need not provide copies of

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his exhibits with his pretrial statement. Rather, he need only provide a list of his exhibits, just as

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he has done in his request for an extension of time. The court is not a repository for plaintiff’s

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evidence and will not scour the docket in search of plaintiff’s missing documents. If properly

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identified by plaintiff, the Clerk’s Office will provide copies of documents for $0.50 per page.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (Dckt. No.

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97) is denied and plaintiff’s request for an extension of time (Dckt. No. 99) is granted, in that

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plaintiff shall have a one time extension of 30 days from the date of this order, to file and serve a

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pretrial statement.

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DATED: August 3, 2012.

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