Kinkeade v. Beard et al

Filing 41

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/2017 GRANTING defendant Oddie's 34 motion to deem requests admitted; and defendant's Requests for Admission to Plaintiff, Set One are deemed admitted under Rule 36 (a) of the Federal Rules of Procedure. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS KINKEADE,

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Plaintiff,

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No. 2:15-cv-1375 TLN CKD P

v.

ORDER

JEFFERY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel in this civil rights action. Before

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the court is defendant Oddie’s motion to deem admitted Defendant’s Requests for Admission to

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Plaintiff, Set One, pursuant to Rule 36(a)(3) of the Federal Rules of Civil Procedure. (ECF No.

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34.) Plaintiff has filed an opposition, and defendant Oddie has replied. (ECF Nos. 35 & 36.)
As plaintiff acknowledges, under Rule 36(a), the failure to timely respond to requests for

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admission results in automatic admission of the matters requested. Here it is undisputed that,

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after plaintiff obtained counsel, plaintiff’s responses to the RFAs were due on January 6, 2017.

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(See ECF No. 34-2, Ex. A & B.) Plaintiff’s counsel concedes that, due to an inadvertent

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calendaring error, plaintiff did not timely respond or object to the RFAs. Therefore, these matters

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are deemed admitted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant Oddie’s motion to deem requests admitted (ECF No. 34) is granted; and

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2. Defendant’s Requests for Admission to Plaintiff, Set One are deemed admitted under

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Rule 36(a) of the Federal Rules of Procedure.

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Dated: February 23, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / kink1375.rfas

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