Velasquez v. Robustelli
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/31/2017 DENYING 37 Motion for an Order Compelling Discovery. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENICIO VELASQUEZ,
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No. 2:16-cv-1131 JAM CKD P
Plaintiff,
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v.
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J. ROBUSTELLI,
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ORDER
Defendant.
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Plaintiff has filed a document asking that the court “compel” defendant to provide plaintiff
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with “a complete copy of all documents related to [this case].” Discovery has not yet
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commenced. Also, a motion to compel is proper only after a legitimate discovery request has
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been presented to a defendant and denied for some reason. Accordingly, plaintiff’s “motion to
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compel” will be denied. To the extent prison officials are denying plaintiff access to his legal
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materials, plaintiff should address that issue with those officials. If those officials refuse to allow
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plaintiff access to legal materials necessary to plaintiff’s pursuit of this case, plaintiff may seek
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judicial intervention by identifying the material needed and the officials denying plaintiff access.
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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s “motion for an
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order compelling discovery” (ECF No. 37) is denied.
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Dated: May 31, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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vela1131.mtc
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