Saldana v. Spearman et al

Filing 55

ORDER signed by Magistrate Judge Allison Claire on 1/27/2021 DENYING plaintiff's 54 motion to compel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL SALDANA,

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Plaintiff,

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No. 2:18-cv-0319 AC P

v.

ORDER

M.E. SPEARMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion to compel. ECF No. 54.
Plaintiff’s motion seeks to compel production of video interviews of two inmate-witnesses

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that he claims were taken after the incident at issue in this case. Id. at 1. With the exception of

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the deadline for taking plaintiff’s deposition, which expired on December 8, 2020, ECF No. 49,

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discovery in this matter closed on August 4, 2020, ECF No. 44. Plaintiff’s motion is therefore

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over five months late and offers no explanation for its untimeliness. Furthermore, even if

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plaintiff’s motion were timely, it is clear from the attachments to the motion that counsel advised

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plaintiff that there were no videos responsive to his request, ECF No. 54 at 6, 83, and the court

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cannot order defendant to produce something that does not exist.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel, ECF No. 54,

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is DENIED.

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DATED: January 27, 2021

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