Smith v. Giovannini et al

Filing 39

ORDER signed by Magistrate Judge Deborah Barnes on 3/6/17 ORDERING Plaintiff's 34 motion for transcripts is DENIED; and Plaintiff's 35 motion re objections is DENIED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYNE D. SMITH,

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No. 2:15-cv-1410 DB PS

Plaintiff,
v.

ORDER

OFFICER JOHN GIOVANNINI, et al.,
Defendants.

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The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28

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U.S.C. § 636(c)(1). (ECF No. 27.) On December 21, 2016, plaintiff filed a notice of

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interlocutory appeal. (ECF No. 31.) On February 3, 2017, plaintiff filed a motion for transcripts

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of a prior proceeding for “perfection of Plaintiff’s Appeal . . . .” (ECF No. 34 at 1.) However, on

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March 1, 2017, the Ninth Circuit dismissed plaintiff’s appeal for lack of jurisdiction. (ECF No.

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38.) Plaintiff’s request for transcripts will, therefore, be denied.

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Also on February 3, 2017, plaintiff filed a document, styled as a motion, objecting to

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defendant’s interrogatories. (ECF No. 35.) Discovery responses are not filed with the court.

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Should a discovery dispute arise, plaintiff is advised to consult the Federal Rules of Civil

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Procedure, Local Rule 251, and the undersigned’s Standard Information re discovery disputes set

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forth on the court’s web page. See http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-

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judges/united-states-magistrate-judge-deborah-barnes-db
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Accordingly, IT IS ORDERED that:

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1. Plaintiff’s February 3, 2017 motion for transcripts (ECF No. 34) is denied; and

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2. Plaintiff’s February 3, 2017 motion re objections (ECF No. 35) is denied.

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Dated: March 6, 2017

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DLB:6
DB\orders\orders.consent\smith1410.mots.ord

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