Freeman v. Lynch et al

Filing 72

ORDER signed by Magistrate Judge Dennis M. Cota on 6/5/2019 STRIKING plaintiff's 59 and 62 motions, as improperly filed discovery requests and DENYING plaintiff's 65 motion for sanctions. Defendant shall file a response to plaintiff's 60 motion for referral of this case to mediation or a settlement conference within 20 days. (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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TRAVON LEON FREEMAN,

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Plaintiff,

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No. 2:16-CV-0705-MCE-DMC-P

v.

ORDER

E. LYNCH,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s “Motion: Discovery Request and

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Notice” (ECF No. 59).; (2) plaintiff’s motion for mediation and/or a settlement conference (ECF

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No. 60); (3) plaintiff’s “Motion: Subpoena Order” (ECF No. 62); and (4) plaintiff’s motion for

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sanctions (ECF No. 65) and opposition thereto (ECF No. 67).

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Plaintiff’s “Motion: Discovery Request and Notice” (ECF No. 59) and “Motion:

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Subpoena Order” (ECF No. 62) are not proper motions seeking relief from the court. These are

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discovery requests improperly filed with the court and, as such, will be stricken.
Defendant will be directed to file a response to plaintiff’s motion requesting

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referral of this case to mediation or a settlement conference (ECF No. 60).

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In his motion for sanctions (ECF No. 65), plaintiff seeks $10,000.00 per day in

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sanctions as compensation for alleged discovery abuses. Because plaintiff has not prevailed on

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any properly noticed discovery motions, the request for sanctions will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motions (ECF Nos. 59 and 62) are improperly filed discovery

requests and, as such, are stricken;

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2.

Plaintiff’s motion for sanctions (ECF No. 65) is denied; and

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3.

Defendant shall file a response to plaintiff’s motion for referral of this case

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to mediation or a settlement conference (ECF No. 60) within 20 days of the date of this order.

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Dated: June 5, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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