Edwards v. High Desert State Prison et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 3/6/2012 DENYING plaintiff's 40 and 41 motions to compel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN DARNELL EDWARDS,

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Plaintiff,

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No. 2: 10-cv-3461 WBS KJN P

vs.

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HIGH DESERT STATE PRISON, et al.,

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Defendants.

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/

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ORDER

Pending before the court are plaintiff’s motions to compel. (Dkt. Nos. 40, 41.)
For the following reasons, plaintiff’s motions are denied as untimely.

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In their opposition, defendants argue that plaintiff’s motions to compel are

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untimely. The September 15, 2011 scheduling order provides that all motions to compel are to

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be filed by December 30, 2011. (Dkt. No. 29 at 6.)

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As a prisoner proceeding without counsel, petitioner receives the benefit of the

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prisoner mailbox rule, which deems the motions to compel filed when he gives them to prison

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officials to mail to the court. See Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir. 2003.)

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One of plaintiff’s motions to compel contains a proof of service indicating that plaintiff gave this

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motion to compel to prison officials to mail to the court on January 2, 2012.1 (Dkt. No. 40 at 36.)

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Plaintiff’s other motion to compel does not contain a proof of service. However, both motions

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were signed by plaintiff on December 30, 2011. Based on these circumstances, the undersigned

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finds that plaintiff’s motion to compel that does not contain a proof of service must also have

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been given to prison officials for mailing on January 2, 2012. Plaintiff did not file a reply to

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defendants’ opposition arguing otherwise.

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Plaintiff’s motions to compel are untimely because they were not filed before the
discovery cut-off date.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to compel (Dkt.

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Nos. 40 and 41) are denied.

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DATED: March 6, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ed3461.com

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The motions to compel are court stamp filed January 9, 2012.
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