Alexander v. Solano County Detention Facility, et al.

Filing 47

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/15 ORDERING that plaintiffs motions to compel (ECF Nos. 41 & 44 ) are denied 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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JAMES S. ALEXANDER,

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Plaintiff,

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v.

No. 2:13-cv-2566 GEB CKD P

ORDER

SOLANO COUNTY DETENTION
FACILITY, et al.,
Defendants.

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The parties’ motions for summary judgment are pending in this pro se prisoner action

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pursuant to 42 U.S.C. § 1983. (ECF Nos. 22, 39.) Before the court are two recent motions by

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plaintiff. (ECF Nos. 41, 44.)

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The first motion consists of a request to a federal agency, pursuant to the Freedom of

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Information Act, to review an April 2013 video. (ECF No. 41.) The second is a “motion to

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locate and preserve Solano County Detention Facility Surveillance Camera Video Files”

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concerning the April 26, 2013 incident. (ECF No. 44.) Plaintiff asserts that this video “will show

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[defendant’s] use of excessive force” against him. (Id. at 2.)
The Discovery and Scheduling Order in this action required all motions necessary to

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compel discovery to be filed by September 5, 2014. (ECF No. 19 at 5.) As plaintiff has provided

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no compelling reason to modify the scheduling order, his discovery motions are untimely.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to compel (ECF Nos. 41

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& 44) are denied as untimely.

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Dated: April 21, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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