Willaims v. Sullivan et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/11 granting 45 Motion to modify the scheduling order. Within 21 days of the date of this order, plaintiff shall serve defendant with responses to the at-issue interrogatories. The clerk of the court shall send plaintiff a copy of his complaint filed 11/13/09 1 . (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ANTHONY WILLIAMS,

11

Plaintiff,

12

vs.

13

No. 2: 09-cv-3160 KJN P

SULLIVAN, et al.,

14
15
16

Defendants.

ORDER
/

Pending before the court is plaintiff’s November 10, 2011 motion to modify the

17

scheduling order. In this motion, plaintiff requests an extension of time to answer defendant

18

Sullivan’s interrogatories. Plaintiff also requests that the court send him copies of the documents

19

filed by plaintiff in this action. On November 10, 2011, plaintiff separately filed a letter

20

addressed to the Clerk of the Court stating that prison officials misplaced his legal documents

21

regarding this action when he was transferred to California State Prison-Corcoran.

22

Court records indicate that plaintiff transferred to California State Prison-

23

Corcoran on March 9, 2011. It is unclear why plaintiff waited eight months to inform the court

24

that he is missing legal materials. Plaintiff has also not demonstrated that he attempted via the

25

administrative grievance process to locate these missing documents. However, because plaintiff

26

suggests that he cannot respond to defendant’s interrogatories without a copy of his complaint,
1

1

the undersigned will direct the Clerk of the Court to send plaintiff a copy of the complaint.

2

Plaintiff may request copies of his other pleadings from the Clerk of the Court at a cost of $0.50

3

per page.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1. Plaintiff’s motion to modify the scheduling order (Dkt. No. 45) is granted;

6

2. Within twenty-one days of the date of this order, plaintiff shall serve defendant

7

with responses to the at-issue interrogatories; and

8
9
10

3. The Clerk of the Court is directed to send plaintiff a copy of his complaint filed
November 13, 2009 (Dkt. No. 1).
DATED: November 22, 2011

11
12

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

13
14

will3160.eot

15
16
17
18
19
20
21
22
23
24
25
26
2