Baker v. Perez et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 12/09/10 denying 33 Motion to Compel and granting 38 Motion for Extension of time. Defendants' responses to plaintiff's interrogatories and requests for admissions are due on or before 01/08/11. (Plummer, M)

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(PC) Baker v. Perez et al Doc. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. PEREZ, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's November 8, 2010 motion to compel. In this motion, plaintiff claims that prison officials refused to copy his 8 page request for admissions, which included an attachment of 351 pages from his medical file. Plaintiff claims that prison officials told him that they would not make copies of documents over 50 pages. It is unclear why plaintiff would include 351 pages from his medical files with a request for admissions. Plaintiff is not required to submit evidence in support of his discovery requests. It is sufficient for plaintiff to submit to defendants the discovery request alone, without additional documentation. For these reasons, the motion to compel is denied. //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL BAKER, Plaintiff, No. 2: 09-cv-2757 MCE KJN P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 bak2757.dis On November 8, 2010, defendants filed a motion for an extension of time to respond to plaintiff's interrogatories and requests for admissions. Defendants state that additional time is required to finalize their responses. Good cause appearing, this motion is granted. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion to compel (Dkt. No. 33) is denied; 2. Defendants' motion for extension of time (Dkt. No. 38) is granted; 3. Defendants' responses to plaintiff's interrogatories and requests for admissions are due on or before January 8, 2011. DATED: December 9, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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