Bun v. Felker et al

Filing 71

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/30/11 ORDERING that 65 "proposed motion for discovery" is STRICKEN and the Clerk ofthe Court shall make a notation on the docket to that effect; 67 Motion for Extension of time is GRANTED. (Dillon, 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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CHANTHON BUN,
Plaintiff,

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vs.

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No. CIV S-09-0631 LKK EFB P

T. FELKER, et al.,

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Defendants.

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. Plaintiff has filed a “proposed motion for discovery” and defendants Aurich,

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Brown, Essman, Felker, Garate, Handschumaker, Hook, Kissinger, Kirkland, Lower, Marsh,

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Perry, B. Ramsey, Sanchez, and Watkins (“defendants”) request an extension of time to serve

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discovery responses.

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Plaintiff must serve his requests for discovery on defendants rather than filing them with

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the court. Interrogatories, requests for production, requests for admission, responses and proofs

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of service thereof “shall not be filed with the clerk until there is a proceeding in which the

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document or proof of service is at issue. When required in a proceeding, only that part of the

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request and response that is in issue shall be filed.” E.D. Cal. Local Rules 250.2-250.4. There is

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currently no proceeding before the court that requires plaintiff’s discovery requests for its
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resolution. Plaintiff’s “proposed motion for discovery” will therefore be stricken from the

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docket.

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Defendants request a thirty-day extension of time, to and including September 28, 2011,

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to serve responses to plaintiff’s First Request for Production of Documents and First Request for

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Interrogatories. The court finds good cause and grants the request. Defendants shall serve their

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responses to plaintiff’s First Request for Production of Documents and to plaintiff’s First

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Request for Interrogatories on or before September 28, 2011.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s “proposed motion for discovery,” Dckt. Nos. 65 is stricken and the Clerk of

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the Court shall make a notation on the docket to that effect.
2. Defendants’ request for an extension of time, Dckt. No. 67, is granted.
Dated: August 30, 2011.

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