Leonard v. Thompson et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 3/08/18 DENYING 35 plaintiff's Motion to Compel and DENYING 36 Motion to Appoint Counsel. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK E. LEONARD,

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Plaintiff,

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No. 2:16-cv-2767 DB P

v.

ORDER

M. THOMPSON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action. Plaintiff alleges an

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Eighth Amendment claim of failure to protect and a claim that his due process rights were

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violated in a disciplinary hearing. Plaintiff moves to compel defendants to respond to his

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discovery requests. In addition, he seeks the appointment of counsel for the limited purpose of

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defending him at a deposition.
In his motion to compel, dated January 17, 2018, plaintiff states that he sent discovery

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requests to defendants on November 29, 2017 and December 3, 2017 and has not received

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responses. (ECF No. 35.) In their opposition, defendants state that they responded to the

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discovery requests on January 18, 2018. Plaintiff did not file a reply to defendants' opposition.

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Accordingly, the court will assume plaintiff has received responses to his discovery requests and

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his motion is now moot. It will be denied on that ground.

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In his motion for the appointment of counsel, plaintiff asks the court to appoint him

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counsel for the limited purpose of defending him when he is deposed on February 23, 2018.

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(ECF No. 36.) Because that date has passed, the court finds this motion is also moot.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to compel (ECF No. 35)

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and for the appointment of counsel (ECF No. 36) are denied.

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Dated: March 8, 2018

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DLB:9
DB/orders/prisoner-civil rights/leon2767.31

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