Holston v. Heaton

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/9/2015 GRANTING plaintiff's unopposed 29 motion to modify the schedule, as set forth in this order: Discovery due by 2/29/2016; Dispositive Motions shall be filed on or before 5/26/2016. If plaintiff wishes to obtain a particular video recording from defendant, he must request it from defendant in a proper request for discovery. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THERON KENNETH HOLSTON,

12
13
14

No. 2:14-cv-1853-TLN-EFB P

Plaintiff,
v.

ORDER

HEATON,

15

Defendant.

16
17

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

18

U.S.C. § 1983. His unopposed motion to modify the schedule in this action (ECF No. 29) is

19

granted as set forth below. The schedule is modified as follows:

20

1.

The parties may conduct discovery until February 29, 2016. Any motions

21

necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to

22

Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than December 28, 2015.

23
24
25
26
27
28

2.

If plaintiff seeks leave to amend the complaint, he must file any motion to amend

no later than February 29, 2016.
3.

Dispositive motions shall be filed on or before May 26, 2016. Motions shall be

briefed in accordance with paragraph 8 of the order filed May 15, 2015.
Plaintiff also requests a provision for “disclosure or discovery of electronically stored
information” so that he may obtain a video recording “of jail booking holding cell, booking area,
1

1

hallway leading to rubber room cell and rubber room cell.” ECF No. 29 at 2. If plaintiff wishes

2

to obtain a particular video recording from defendant, he must request it from defendant in a

3

proper request for discovery.

4
5

So ordered.
DATED: September 9, 2015.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2