(PC) Delgado v. Lizarraga et al

Filing 46

ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/2020 ORDERING, within 21 days, defendants shall file a reply as set forth in this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH DELGADO,

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No. 2:19-cv-1540 KJM KJN P

Plaintiff,
v.

ORDER

JOE A. LIZARRAGA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.

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§ 1983. On August 20, 2020, defendants Barton and Scheurer (hereafter “defendants”) filed a

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motion to compel responses to requests for production of documents and special interrogatories,

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contending that plaintiff failed to respond to defendants’ discovery requests. On September 24,

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2020, plaintiff filed a motion for the appointment of counsel.

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Plaintiff’s motion was presented to prison staff for mailing on September 10, 2020. Aside

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from requesting counsel, plaintiff claims he has no access to the prison law library due to the

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COVID-19 pandemic, and that non-inmate library staff are prohibited from entering plaintiff’s

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housing unit. Plaintiff also claims he has been unable to “obtain the defendants’ requested

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discovery from the CDCR,” or to access photocopying services. Therefore, the court construes

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plaintiff’s timely-filed motion as an opposition to defendants’ motion. So construed, defendants

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shall file a reply to plaintiff’s pertinent allegations, including, but not limited to, plaintiff’s
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alleged complete inability to attend the law library, to access photocopy services, or to obtain

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copies of medical records (due to his indigency) that he needs to respond to defendants’ discovery

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requests, as well as the impact of COVID-19 on his ability to prosecute this action.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days from the date of

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this order, defendants shall file a reply as set forth above.

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Dated: October 15, 2020

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/delg1540.fb

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