Puckett v. Agboli et al

Filing 58

ORDER signed by Magistrate Judge Craig M. Kellison on 8/20/2018 DENYING plaintiff's 51 motion to compel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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No. 2:14-CV-2776-JAM-CMK-P

Plaintiff,

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vs.

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A. AGBOLI, et al.,

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Defendants.

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/

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ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to compel (Doc 51).

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In his one-page motion, plaintiff states: “Plaintiff hereby request the court to

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enforce Agboli to furnish production of documents. . . .” The majority of plaintiff’s argument

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concerns discovery responses provided by defendant Agboli. In the last sentence of his motion,

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plaintiff adds: “I further request this court to enforce the rest of the defendants to answer these

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interrogatories and production of documents. They objected each one by stating objection fails to

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comply with Rule 36(a)(, 34(c). . . .”

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Plaintiff’s motion is procedurally defective because it fails to include a

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“certification that the movant has in good faith conferred or attempted to confer with the person

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or party failing to make disclosure or discovery in an effort to obtain it without court action.”

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Fed. R. Civ. P. 36(a)(1).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (Doc.
51) is denied.

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DATED: August 20, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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