Washington v. Gustafson, et al.

Filing 84

ORDER signed by Magistrate Judge Deborah Barnes on 10/21/19 DENYING 79 plaintiff's request for assistance with obtaining discovery documents from defendants and/or to extend discovery dates. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE WASHINGTON,

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No. 2:14-cv-0628 TLN DB P

Plaintiff,
v.

ORDER

A. GUSTAFSON, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 29, 2019, plaintiff filed a request for assistance with obtaining discovery

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documents from defendants and/or to extend discovery dates. (See ECF No. 79). Defendants

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filed an opposition to the motion on October 14, 2019. (ECF No. 82). For the reasons stated

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below, the court shall deny plaintiff’s request.

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A review of the record in this case indicates that discovery in this matter closed on

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January 8, 2016. (See ECF No. 21). Therefore, plaintiff’s request is untimely. Furthermore,

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although plaintiff cites to Senate Bill 1421 in support of this request, the court agrees with

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defendants’ argument that this bill’s amendment of California Penal Code § 832.7 law does not

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entitle plaintiff to any additional documents.
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Section 832.7 states in relevant part that records which involve the use of force by a peace

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officer that results in death or great bodily injury are not confidential and are to be made available

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for public inspection. See Cal. Penal Code § 832.7(b)(1)(A)(ii). Plaintiff’s viable excessive force

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claims relate to being sprayed with pepper spray and being handcuffed behind his back. (See

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ECF No. 6 at 5-6). These uses of force did not involve either death or great bodily injury in

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plaintiff’s case. Furthermore, plaintiff’s remaining viable claims are not covered under Section

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832.7. (Compare ECF No. 6 at 5-6, with Cal. Penal Code § 832.7). For these reasons, plaintiff’s

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request to obtain additional discovery shall be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for assistance with

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obtaining discovery documents from defendants and/or to extend discovery dates, filed August

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29, 2019 (ECF No. 79), is DENIED.

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Dated: October 21, 2019

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/wash0628.eot.disc.den

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