Jackson v. Austin et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/15 ORDERING that plaintiff's opposition to the motion to compel is due within 21 days of the date on which this order is filed; defendant's reply, if any, shall be filed seven days thereafter. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE J. JACKSON, JR.,

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No. 2:14-cv-0592 KJM KJN P

Plaintiff,

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v.

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J. AUSTIN, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. On May 6, 2015, defendant J. Austin filed a motion to compel responses to a

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request for production of documents. (ECF No. 28.) Defendant Austin contends therein that

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plaintiff failed entirely to respond to the discovery requests in question. Plaintiff has to date

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failed to file an opposition to the motion to compel.

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Plaintiff is directed to file an opposition or statement of non-opposition to the motion to

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compel within 21 days from the date of this order. Failure to respond may be deemed a waiver of

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any opposition to the granting of the motion. Local Rule 230(l). Moreover, plaintiff is cautioned

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that he is required to cooperate in discovery. Failure to cooperate in discovery may result in the

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imposition of sanctions, including, but not limited to, a recommendation that this action be

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dismissed. See Fed. R. Civ. P. 37(b)(2)(A) (sanctions may be imposed for failure to comply with

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a discovery order); Fed. R. Civ. P. 37(d)(3) (sanctions may be imposed for failure to serve
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answers to interrogatories or to respond to requests for production of documents).

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Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s opposition to the

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motion to compel is due within 21 days of the date on which this order is filed; defendant’s reply,

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if any, shall be filed seven days thereafter. Plaintiff is cautioned that his failure to timely comply

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with this order may result in the issuance of sanctions, including dismissal of this action.

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Dated: June 24, 2015

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/jack 0592.eot

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