Dean v. Gonzales

Filing 99

ORDER signed by Magistrate Judge Kendall J. Newman on 11/5/2013 DENYING plaintiff's 95 motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,

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Plaintiff,

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No. 2:10-cv-1355 MCE JFM (PC)

v.

ORDER

KATHRYN M. GONZALES, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action filed pursuant to

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42 U.S.C. § 1983. On October 15, 2013, plaintiff filed a motion styled as a “motion to join

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complaints res judicata & reply to defendant’s answers to interrogatories 1-25.” ECF No. 95.

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Defendants responded thereto on October 28, 2013. ECF No. 97.
It is unclear to the court what relief plaintiff is seeking by filing his motion. The court

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notes that discovery closed on February 15, 2013, and any motions to compel discovery should

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have been filed by that date. See ECF No. 51. Therefore, to the extent plaintiff is seeking to

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compel further responses to discovery requests, plaintiff’s motion is untimely.
Furthermore, to the extent plaintiff is seeking relief through Plata v. Brown, 3:01-cv-

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01351-TEH (N.D. Cal.), plaintiff must pursue such claims through class counsel.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 15, 2013, motion (ECF

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No. 95) is denied.

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Dated: November 5, 2013

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dean1355.ord

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