Thomas v. Voong

Filing 106

ORDER signed by Magistrate Judge Craig M. Kellison on 2/12/2016 STRIKING plaintiff's 71 "Motion for Court's Assistance to Get Legal Documents"; and DENYING as untimely plaintiff's 103 motion to compel. (Yin, K) Modified on 2/12/2016 (Yin, K).

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JASON LATRELL THOMAS,

12

Plaintiff,

13
14

No. 2:12-CV-0471-MCE-CMK-P

vs.

ORDER

TERRY, et al.,

15

Defendants.

16

/

17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s “Motion for Court’s Assistance to

19

Get Legal Documents” (Doc. 71); and (2) plaintiff’s motion to compel (Doc. 103).

20

Plaintiff’s “Motion for Court’s Assistance to Get Legal Documents” will be

21

stricken for failure to provide proof of service on all parties. See Local Rule 135(d).1

22

///

23

///

24
1

25
26

Plaintiff seeks a court order directing opposing counsel to provide assistance in
locating lost documents. The court observes that, had plaintiff either contacted opposing counsel
informally, or at least provided opposing counsel with a copy of his motion to the court, the
matter could be resolved without requesting court intervention.
1

1

In his motion to compel, plaintiff asserts that defendants have improperly redacted

2

documents produced in response to plaintiff’s discovery requests. Defendants argue, among

3

other things, that plaintiff’s motion is untimely. Specifically, defendants note that the documents

4

at issue were served on plaintiff in September 2014 and that, pursuant to the then-operative

5

scheduling order, any motions to compel were due within 60 days after the discovery cut-off date

6

of October 27, 2014.2 Plaintiff never sought any extension of this deadline. Plaintiff’s motion to

7

compel was filed in December 2015 – a year after the motion to compel deadline expired – and is

8

untimely.

9

Accordingly, IT IS HEREBY ORDERED that:

10
11

1.

Plaintiff’s “Motion for Court’s Assistance to Get Legal Documents”

(Doc. 71) is stricken; and

12

2.

Plaintiff’s motion to compel (Doc. 103) is denied as untimely.

13
14

DATED: February 12, 2016

15

______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
2

26

The scheduling order was later vacated, but was in place as of the expiration of
the late December 2014 motion to compel deadline.
2