McClintock v. Colosimo, et al

Filing 106

ORDER signed by Magistrate Judge Deborah Barnes on 08/01/17 ordering within 7 days of the filed date of this order, defendants shall file a response to plaintiff's motion to compel. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN McCLINTOCK,

12
13
14

No. 2:13-cv-0264 TLN DB P

Plaintiff,
v.

ORDER

COLOSIMO, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

18

action under 42 U.S.C. § 1983. Plaintiff alleges defendants Colosimo and Beshears violated his

19

Eighth Amendment right to be free of cruel and unusual punishment when they allowed a door to

20

remain closed on him. In a revised scheduling order issued June 21, 2017, the court set a deadline

21

of August 15, 2017 for plaintiff’s pretrial statement and August 31, 2017 for defendants’ pretrial

22

statement. (ECF No. 102.)

23

Plaintiff now moves the court for an extension of that deadline because he has been unable

24

to communicate with an incarcerated witness. (ECF No. 105.) Plaintiff also moves for an order

25

compelling Mule Creek State Prison to permit him to communicate with this witness. (ECF No.

26

104.) The court is concerned that plaintiff is not being permitted to communicate with a witness

27

he feels is material to his case in order to comply with the requirements for filing a pretrial

28

statement.
1

1
2
3
4

Within seven days of the filed date of this order, defendants shall file a response to
plaintiff’s motion to compel.
IT IS SO ORDERED.
Dated: August 1, 2017

5
6
7
8
9
10

DLB:9
DLB1/prisoner-civil rights/mccl0264.resp

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2