Hernandez v. Bouwman et al

Filing 61

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/29/12 denying 50 Motion to Dismiss. Plaintiff is granted 21 days to serve his responses to defendant McDaniels' outstanding requests for discovery. (Plummer, 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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ALVARO HERNANDEZ,

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Plaintiff,

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No. 2:10-cv-2446 LKK CKD P

vs.
K. BOUWMAN, et al.,

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Defendants.

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ORDER
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On May, 2, 2012, defendant McDaniels filed a motion asking that this matter be

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dismissed because plaintiff has not served responses to requests for discovery as he was ordered

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to do in this court’s April 3, 2012 order. In his opposition, plaintiff asserts he filed the responses

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with the court rather than serving them on counsel for defendant McDaniels. Good cause

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appearing, plaintiff will be given an additional 21 days to serve his responses on counsel for

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defendant McDaniels and defendant McDaniels’ motion to dismiss will be denied. The court

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notes, however, that this is not the first time plaintiff has misunderstood or misinterpreted court

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orders or rules. See April 3, 2012 Order. In the future, plaintiff must take better care to comply

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with court orders and rules or the court may issue sanctions.

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/////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant McDaniels’ May 2, 2012 motion to dismiss is denied.

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2. Plaintiff is granted 21 days to serve his responses to defendant McDaniels’

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outstanding requests for discovery.
Dated: May 29, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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hern2446.mtd

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