Humes v. Harman et al

Filing 43

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/12/18 DENYING 35 Motion to Compel. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:18-cv-0426 JAM CKD P
Plaintiff,

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v.

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HARMON, et al.,

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ORDER

Defendants.

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Plaintiff is a Sacramento County Jail inmate proceeding pro se with a claim arising under

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the Fourth Amendment. The remaining defendant, defendant Harmon, is a Sacramento County

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Sheriff’s Department detective.
On September 26, 2018, plaintiff filed a motion asking that the court compel defendant to

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respond to “interrogatories.” In the court’s June 27, 2018 scheduling order, the parties were

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informed that any request for discovery had be to served no later 60 days prior to the October 19,

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2018 discovery cut off. Plaintiff fails to point to anything indicating defendant failed to respond

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to any interrogatories served upon defendant in a timely manner.1 Furthermore, plaintiff never

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sought an extension of the deadline for serving discovery requests.

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From a review of the record, it appears, plaintiff served “interrogatories” either on or shortly
after August 26, 2018 (ECF No. 31) along with his opposition to defendant Harmon’s motion for
a stay, and then again with his motion to compel.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s September 26, 2018 motion to

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compel is denied.

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Dated: December 12, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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hume0426.mtc

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