Hayles v. Wheatherford
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 7/28/2011 ORDERING that Defendants' 40 motion for summary judgment is DENIED without prejudice. Plaintiff's 52 motion for an extension of time is DENIED. Plaintiff's motion for r econsideration is partially granted. Plaintiff shall submit documentation within forty-five days of the date of this order demonstrating that the documents he seeks from defendants are available. The court will reconsider plaintiff's motion to compel at that time.(Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TROY HAYLES,
Plaintiff,
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No. 2:09-cv-3061 JFM (PC)
vs.
DR. ERICA WHEATHERFORD, et al.,
Defendants.
ORDER
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On July 8, 2011, the undersigned denied plaintiff’s December 23, 2010 and April
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13, 2011 motions to compel due to plaintiff’s failure to demonstrate that the documents he seeks
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from defendants in fact exist. Plaintiff was ordered to submit an opposition to defendants’
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motion for summary judgment within twenty-one days from the date of that order.
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On July 18, 2011, plaintiff filed a motion for extension of time and a motion for
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reconsideration. Plaintiff seeks a 60-day continuance to file an opposition because the institution
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where he is housed, California Medical Facility (“CMF”), is on lock-down due to a recent riot.
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Further, in an attempt to show that the documents he seeks from defendants do exist, plaintiff
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declares that he submitted an Inmate Request Form No. 22 to the Department of Mental Health’s
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supervisor to obtain copies of those documents. After he failed to receive a response, plaintiff
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filed an Inmate Grievance Form. During the informal interview, plaintiff was informed that the
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documents he seeks do exist and are accessible by all staff members. Plaintiff then withdrew his
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appeal, but states he has been unable to file it with the court due to the lock-down.
Upon review, the undersigned concludes that the discovery dispute in this matter
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persists. Plaintiff’s motion for reconsideration makes a sufficient showing that certain
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documents that he sought from defendants exist but were not provided to him. At this juncture,
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therefore, consideration of defendants’ motion for summary judgment is premature.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Defendants’ motion for summary judgment is denied without prejudice;
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2. Plaintiff’s motion for an extension of time is denied;
3. Plaintiff’s motion for reconsideration is partially granted. Plaintiff shall
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submit documentation within forty-five days of the date of this order demonstrating that the
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documents he seeks from defendants are available. The court will reconsider plaintiff’s motion
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to compel at that time.
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DATED: July 28, 2011.
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