Benyamini v. Swett et al

Filing 68

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/15 ORDERING that 67 Motion for Extension of time is GRANTED to the extent that plaintiff has an additional 14 days within which to respond to defendants discovery requests, and is DENIED in all other respects.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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Plaintiff,

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No. 2:13-cv-735-KJM-EFB P

v.

ORDER

M. SWETT, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. He requests an additional fourteen days within which to respond to

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defendants’ discovery requests. This request is granted.
He also requests an order directing “CSPSAC [to produce] all documentation” that he has

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sought from the litigation department. This request is denied. California State Prison,

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Sacramento and its litigation department is not a party to this lawsuit, and is under no obligation

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to respond to plaintiff’s request for documents, as such requests may only be served on other

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parties. See Fed. R. Civ. P 34(a). The court previously informed plaintiff that he may serve

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discovery requests on defendants, and that if they fail to properly respond, he may then file a

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motion to compel. See ECF No. 52.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 67) is granted

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to the extent that plaintiff has an additional fourteen days within which to respond to defendants’

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discovery requests, and is denied in all other respects.

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DATED: October 8, 2015.

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