Franklin v. Foulk

Filing 58

ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/2015 DENYING plaintiff's 48 motion to compel, as untimely. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY L. FRANKLIN, 12 No. 2:14-cv-0057 KJM DAD P Plaintiff, 13 v. 14 F. FOULK et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this civil rights action. Pending before 18 the court is plaintiff’s motion to compel. Defendants Lee, Rohlfing, and Swingle have opposed 19 the motion as untimely. 20 Under the court’s discovery and scheduling order, the parties were required to complete 21 discovery and file any motions to compel on or before March 13, 2015. Plaintiff’s motion to 22 compel filed on June 11, 2015, is therefore untimely. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (Doc. No 48) 24 is denied as untimely. 25 Dated: July 17, 2015 26 27 DAD:9 fran0057.oot 28 1

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