Chavez v. Granado

Filing 89

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/16 denying 85 request for leave to serve further discovery requests. Plaintiff's request that the court vacate the findings and recommendations issued 1/08/16 is denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CHAVEZ,

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Plaintiff,

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No. 2:11-cv-1015 WBS CKD P

v.

ORDER

GRANADOZ, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. On January 12, 2016, plaintiff filed a motion seeking leave to

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serve requests for discovery. However, discovery closed in this action on September 26, 2014

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(ECF No. 59) and plaintiff has not adequately explained why discovery was not completed before

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then or why he did not seek an extension of the discovery deadline before it expired.
There is a motion for summary judgment pending in this action and the court issued

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findings and recommendations with respect to that motion on January 8, 2016. To the extent

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plaintiff now asks that the court vacate the court’s findings and recommendations pursuant to

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Federal Rule of Civil Procedure 56(d), so that plaintiff may conduct further discovery, plaintiff’s

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request is denied as plaintiff fails to point to any specific facts which are material to the court’s

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consideration to defendants’ motion for summary judgment which were unavailable to plaintiff

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during the discovery period. Furthermore, plaintiff fails to point to those specific material facts

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he reasonably expects to obtain through further discovery.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for leave to serve further discovery requests (ECF No. 85) is denied.

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2. Plaintiff’s request that the court vacate the findings and recommendations issued

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January 8, 2016 is denied.

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Dated: January 27, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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chav1015.drd

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