(PC) Harris v. Dube

Filing 28

ORDER signed by Magistrate Judge Dennis M. Cota on 7/8/2024 DENYING without prejudice plaintiff's 24 motion entitled "Injunctive Relief" to the extent plaintiff seeks an order compelling discovery. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, 12 No. 2:23-CV-1664-DMC-P Plaintiff, 13 v. 14 J. DUBE, 15 ORDER Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 24, entitled “Motion 19 Requesting Production of Mental Health Documents. . . Injunctive Relief and Reply to 20 Defendant’s Motion to Dismiss.” ECF No. 24. To the extent Plaintiff’s filing constitutes a sur- 21 reply brief which has not been authorized by the Court, the filing is addressed in separate findings 22 and recommendations issued herewith. The remainder of Plaintiff’s filing, while entitled “Injunctive Relief,” is a request 23 24 for an order directing Defendant to produce mental health records. This request will be denied 25 without prejudice to renewal if warranted after the Court has issued a discovery and scheduling 26 order and following service by Plaintiff of appropriate discovery requests to Defendant should 27 Defendant fail to adequately respond to such requests. 28 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s filing at ECF No. 24 is DENIED without prejudice to the extent Plaintiff seeks an order compelling discovery. 3 4 Dated: July 8, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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