Turk v. Pfile, et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 DENYING as untimely 11 Motion to Compel. (Dillon, M)

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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 ALLEN R. TURK, 12 13 14 No. 2:14-cv-2186 KJN P (TEMP) Plaintiff, v. ORDER ASHLEY PFILE, et al., 15 Defendants. 16 17 18 19 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action seeking relief under 42 U.S.C. § 1983. On March 7, 2016, plaintiff filed a motion to compel. According to the court’s discovery 20 and scheduling order, however, the parties were required to file all discovery motions on or 21 before January 29, 2016. Plaintiff has not filed a motion to modify the court’s scheduling order. 22 See Johnson v. Mammoth Re-creations, 975 F.2d 604, 608 (9th Cir. 1992). Nor has plaintiff 23 otherwise shown good to modify the scheduling order as required. See id. 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (Doc. No. 11) 25 is denied as untimely. 26 Dated: April 21, 2016 27 28 turk2186.oot 1

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