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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE CRAVER,

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Plaintiff,

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vs.

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No. 2: 11-cv-1344 MCE KJN P

J. HASTY, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s March 4, 2012 motion for

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sanctions. For the following reasons, plaintiff’s motion is denied.

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Plaintiff alleges that defendants failed to respond to discovery requests he served

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on them before they filed their motion to dismiss pursuant to Federal Rule of Civil Procedure

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12(b) on September 23, 2011. In their opposition, filed March 15, 2012, defendants state that on

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October 11, 2011 the parties filed a joint stipulation staying discovery until the court ruled on the

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motion to dismiss. (Dkt. No. 24.) Defendants state that on February 28, 2012, the court denied

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defendants’ motion to dismiss. Consequently, defendants calendared their response to plaintiff’s

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discovery requests for March 29, 2012.

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Based on the joint stipulation, defendants were not obligated to respond to

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plaintiff’s discovery requests until the court ruled on the motion to dismiss. Defendants did not

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improperly calendar the date for serving their responses to plaintiff’s discovery requests. For

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these reasons, plaintiff’s motions for sanctions is denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for sanctions

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(Dkt. No. 36) is denied.

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DATED: March 22, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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cr1344.ord

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