Edwards v. High Desert State Prison et al

Filing 52

ORDER signed by Judge William B. Shubb on 4/17/12 AFFIRMING 45 Order denying Motion to Compel. (Meuleman, A)

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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,
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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ORDER

Pursuant to the mailbox rule, on March 13, 2012, plaintiff filed a request for

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reconsideration of the magistrate judge’s order filed March 7, 2012 denying plaintiff’s motions

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to compel. Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld

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unless “clearly erroneous or contrary to law.”

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The magistrate judge denied plaintiff’s motions to compel because they were not

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timely. The discovery cut-off date was December 30, 2011. Plaintiff’s motions to compel were

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filed on January 2, 2011.

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In the request for reconsideration, plaintiff alleges that his motions to compel

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were not timely because he did not receive defendants’ discovery responses until December 28,

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2011. Plaintiff also alleges that he could not prepare timely motions to compel due to inadequate

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law library access.

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Plaintiff could have filed a request for extension of time to file his motions to

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compel. Alleged inadequate law library access did not prevent plaintiff from seeking such an

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extension of time. Accordingly, upon review of the entire file, the court finds that it does not

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appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of

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the magistrate judge filed March 7, 2012, is affirmed.

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DATED: April 17, 2012

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edwa3461.850

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