(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DELGADO, 12 13 14 15 No. 2:19-cv-1540 KJM KJN P Plaintiff, v. ORDER JOE A. LIZARRAGA, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. 18 § 1983. On August 20, 2020, defendants Barton and Scheurer (hereafter “defendants”) filed a 19 motion to compel responses to requests for production of documents and special interrogatories, 20 contending that plaintiff failed to respond to defendants’ discovery requests. On September 24, 21 2020, plaintiff filed a motion for the appointment of counsel. 22 Plaintiff’s motion was presented to prison staff for mailing on September 10, 2020. Aside 23 from requesting counsel, plaintiff claims he has no access to the prison law library due to the 24 COVID-19 pandemic, and that non-inmate library staff are prohibited from entering plaintiff’s 25 housing unit. Plaintiff also claims he has been unable to “obtain the defendants’ requested 26 discovery from the CDCR,” or to access photocopying services. Therefore, the court construes 27 plaintiff’s timely-filed motion as an opposition to defendants’ motion. So construed, defendants 28 shall file a reply to plaintiff’s pertinent allegations, including, but not limited to, plaintiff’s 1 1 alleged complete inability to attend the law library, to access photocopy services, or to obtain 2 copies of medical records (due to his indigency) that he needs to respond to defendants’ discovery 3 requests, as well as the impact of COVID-19 on his ability to prosecute this action. 4 Accordingly, IT IS HEREBY ORDERED that within twenty-one days from the date of 5 this order, defendants shall file a reply as set forth above. 6 Dated: October 15, 2020 7 8 9 /delg1540.fb 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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