Velasquez v. Robustelli

Filing 38

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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