Spears v. Bianchi, et al

Filing 39

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2019 DENYING without prejudice 36 Motion to Compel. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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No. 2:16-cv-2177 EFB P
Plaintiff,

v.

ORDER

EL DORADO COUNTY JAIL, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On August 26, 2019, he filed a motion to compel defendant Bianchi’s responses

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to his requests for admissions. ECF No. 36. On September 6, 2019, defendant Bianchi, through

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her counsel, responded. ECF No. 37. Counsel represents that Bianchi, owing to medical issues,

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has only recently been able to interact with him. Id. He states that responses to plaintiff’s

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requests for admissions will be filed within five days. Id.

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In light of Bianchi’s assertions, it is ORDERED that plaintiff’s motion to compel (ECF

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No. 36) is DENIED without prejudice. Plaintiff may renew his motion if Bianchi fails to submit

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the responses within the allotted time or if he finds those responses legally deficient.

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DATED: September 12, 2019.

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