(PC) Tevin L. Harris v. Valencia et al

Filing 130

ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/2023 DENYING the 129 Motion for Default Judgment or to Compel. (Spichka, K.)

Case 2:19-cv-01751-DAD-KJN Document 130 Filed 02/28/23 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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TEVIN LEE HARRIS,

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No. 2: 19-cv-1751 DAD KJN P

Plaintiff,
v.

ORDER

R. VALENCIA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for default judgment or to

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compel. (ECF No. 129.) For the reasons stated herein, plaintiff’s motion is denied.

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The background to plaintiff’s pending motion follows herein. On October 20, 2022, the

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undersigned granted defendant’s motion to compel. (ECF No. 122.) The undersigned ordered

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plaintiff to serve defendant with a response to supplemental interrogatories and a supplemental

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response to the request for production of documents. (Id.) On December 12, 2022, the

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undersigned granted plaintiff’s request for extension of time to serve the supplemental response to

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the request for production of documents. (ECF No. 125.)

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In the pending motion, plaintiff appears to claim that he served defendant with responses

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to the at-issue discovery requests, as ordered by the undersigned on October 20, 2022. (ECF No.

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129.) Plaintiff appears to claim that defense counsel failed to acknowledge receipt of these
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Case 2:19-cv-01751-DAD-KJN Document 130 Filed 02/28/23 Page 2 of 2
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responses. (Id.) Plaintiff requests that default judgment be entered based on defense counsel’s

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failure to acknowledge receipt of these responses. (Id.) Plaintiff may also be requesting that the

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court compel defense counsel to acknowledge receipt of these responses. (Id.)

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Defense counsel is not required to acknowledge receipt of plaintiff’s responses to the at-

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issue discovery requests. Moreover, entry of default judgment is not appropriate based on these

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circumstances.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for default judgment or

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to compel (ECF No. 129) is denied.

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Dated: February 27, 2023

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Harr1751.ord(4)

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