Payne v. Cate et al

Filing 30

ORDER signed by Magistrate Judge Dale A. Drozd on 2/9/15 ORDERING that 26 Motion to Compel is STRICKEN as untimely. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MYRON A. PAYNE,

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No. 2:12-cv-0243 DAD P

Plaintiff,
v.

ORDER

MATTHEW CATE et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under
42 U.S.C. § 1983.
On January 5, 2015, plaintiff filed a motion to compel. However, according to the court’s

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discovery and scheduling order, the parties were required to file all discovery motions on or

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before October 31, 2014. Plaintiff has not filed a motion to modify the court’s scheduling order.

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See Johnson v. Mammoth Re-creations, 975 F.2d 604, 608 (9th Cir. 1992). Nor has plaintiff

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otherwise shown good cause at this late date to modify the scheduling order as required. See id.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (Doc. No. 26)

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is stricken as untimely.

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Dated: February 9, 2015

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DAD:9
payn0243.oot

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