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

Filing 77

ORDER signed by District Judge John A. Mendez on 09/03/21 DENYING 75 Objections (construed as a Motion for Reconsideration); the 08/04/21 Order of the magistrate judge is AFFIRMED. (Benson, A.)

Case 2:19-cv-01751-JAM-KJN Document 77 Filed 09/03/21 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 JAM KJN P

Plaintiff,

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v.

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ORDER

R. VALENCIA, et al.,

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Defendant.

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On August 16, 2021, plaintiff filed objections to the magistrate judge’s order filed August

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4, 2021 denying plaintiff’s motion to compel. (ECF Nos. 74, 74.) The undersigned construes

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plaintiff’s objections as a request for reconsideration. Pursuant to E.D. Local Rule 303(f), a

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magistrate judge’s orders shall be upheld unless “clearly erroneous or contrary to law.” Id. Upon

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review of the entire file, the court finds that it does not appear that the magistrate judge’s ruling

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was clearly erroneous or contrary to law.1

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In the motion to compel, filed June 21, 2021, plaintiff requested that defendant provide him
with his medical and mental health records, C-file records and Unit Health Records. The
magistrate judge denied the motion to compel as premature because plaintiff failed to serve
defendant with a request for production of documents regarding these records before filing the
motion to compel. In the request for reconsideration, plaintiff argues that he requested the
records from defendant in interrogatories served on July 20, 2021. If plaintiff is dissatisfied with
defendant’s response to his interrogatories, he may file a separate motion to compel. However, as
the magistrate judge advised plaintiff, documents should be requested in a request for production
of documents.
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Case 2:19-cv-01751-JAM-KJN Document 77 Filed 09/03/21 Page 2 of 2
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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the
magistrate judge filed August 4, 2021 is affirmed.

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Dated: September 3, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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