Craver v. Hasty et al
Filing
41
ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2012 DENYING plaintiff's 36 motion for sanctions. (Yin, K)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ANDRE CRAVER,
11
Plaintiff,
12
vs.
13
No. 2: 11-cv-1344 MCE KJN P
J. HASTY, et al.,
14
Defendants.
15
ORDER
/
16
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action
17
pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s March 4, 2012 motion for
18
sanctions. For the following reasons, plaintiff’s motion is denied.
19
Plaintiff alleges that defendants failed to respond to discovery requests he served
20
on them before they filed their motion to dismiss pursuant to Federal Rule of Civil Procedure
21
12(b) on September 23, 2011. In their opposition, filed March 15, 2012, defendants state that on
22
October 11, 2011 the parties filed a joint stipulation staying discovery until the court ruled on the
23
motion to dismiss. (Dkt. No. 24.) Defendants state that on February 28, 2012, the court denied
24
defendants’ motion to dismiss. Consequently, defendants calendared their response to plaintiff’s
25
discovery requests for March 29, 2012.
26
////
1
1
Based on the joint stipulation, defendants were not obligated to respond to
2
plaintiff’s discovery requests until the court ruled on the motion to dismiss. Defendants did not
3
improperly calendar the date for serving their responses to plaintiff’s discovery requests. For
4
these reasons, plaintiff’s motions for sanctions is denied.
5
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for sanctions
6
(Dkt. No. 36) is denied.
7
DATED: March 22, 2012
8
9
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
10
11
cr1344.ord
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?