Spence v. Beard, et al.

Filing 101

ORDER signed by Magistrate Judge Kendall J. Newman on 05/15/2020 DENYING 86 Motion to Compel without prejudice. (Tupolo, A)

Case 2:16-cv-01828-TLN-KJN Document 101 Filed 05/15/20 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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No. 2:16-cv-1828 TLN KJN P

Plaintiff,

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v.

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G. KAUR, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On November 15, 2019, defendant Kaur filed a motion to compel and

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for sanctions, which is fully briefed. However, in light of the district court’s recent order,

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defendant’s motion must be denied without prejudice. On May 13, 2020, the district court denied

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plaintiff’s request for reconsideration and ordered plaintiff to provide, within forty-five days,

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supplemental responses to defendant as required under the August 15, 2019 order. Thus,

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defendant’s motion was prematurely filed, and is denied without prejudice to renewal following

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receipt and review of plaintiff’s supplemental responses.

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Accordingly, IT IS HEREBY ORDERED that defendant’s motion (ECF No. 86) is denied

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without prejudice.

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Dated: May 15, 2020
/spen1828.mtc4

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