(PC) Shepherd v. Nueschmid et al

Filing 57

ORDER signed by Magistrate Judge Deborah Barnes on 11/18/2020 DENYING as moot plaintiff's 49 motion to compel. (Yin, K)

Case 2:19-cv-00084-JAM-DB Document 57 Filed 11/18/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAMERON SHEPHERD,

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Plaintiff,

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v.

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No. 2:19-cv-0084 JAM DB P

A. CORNWELL,

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ORDER

Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff alleges defendant used excessive force in violation of the Eighth Amendment, was

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negligent, and intentionally inflicted emotional distress. Before the court is plaintiff’s motion to

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compel discovery responses. Plaintiff argues that he cannot respond to defendant’s discovery

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requests until defendant responds to his. (ECF No. 49.)
Plaintiff’s motion is essentially a motion for an extension of time. In an order filed

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November 12, this court recognized that, due to the extensions of time accorded defendant to

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respond to discovery, plaintiff will require extensions of time as well. (ECF No. 54.) Because

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that November 12 order provided plaintiff with an extension of time, this court finds plaintiff’s

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motion to compel is moot.

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Case 2:19-cv-00084-JAM-DB Document 57 Filed 11/18/20 Page 2 of 2
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Accordingly, and good cause appearing, IT IS HEREBY ORDERED that plaintiff’s
motion to compel (ECF No. 49) is denied as moot.

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Dated: November 18, 2020

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DLB:9
DB/prisoner-civil rights/shep0084.mtc moot

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