Torres v. Lewis
Filing
22
ORDER DENYING MOTIONS TO STAY, TO COMPEL AND FOR APPOINTMENT OF COUNSEL; EXTENDING TIME FOR OPPOSITION. Signed by Judge Jeffrey S. White on 4/13/12. (jjoS, COURT STAFF) (Filed on 4/13/2012)
1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
ANTHONY TORRES,
8
Plaintiff,
9
v.
10
11
G. LEWIS; MATTHEW CATE; G.
KELLEY
12
Defendant.
__________________________________
)
)
)
)
)
)
)
)
)
)
No. C 11-2638 JSW (PR)
ORDER DENYING MOTIONS TO
STAY, TO COMPEL AND FOR
APPOINTMENT OF COUNSEL;
EXTENDING TIME FOR
OPPOSITION
(Docket Nos. 16, 19, 20)
13
14
Plaintiff, a California prisoner incarcerated at Pelican Bay State Prison (“PBSP”)
15
has filed this pro se civil rights complaint under 42 U.S.C. § 1983. Defendants have a
16
motion for summary judgment in which they are argue, inter alia, that they are entitled to
17
qualified immunity. Plaintiff has not filed an opposition, but rather has filed motions to
18
compel discovery and for appointment of counsel. Defendants move to stay discovery
19
until their argument regarding qualified immunity is resolved. Defendants’ qualified
20
immunity argument is based on evidence that conflicts with factual allegations in the
21
complaint, including the existence of fire sprinklers in Plaintiff’s area of the prison,
22
whether the prison is situated in a tsunami evacuation zone, and whether there is a
23
tsunami evacuation plan. Qualified immunity cannot be decided as long as there are
24
material factual issues in dispute, and Plaintiff’s discovery efforts are directed at these
25
factual issues. Accordingly, the motion to stay discovery is DENIED. (Docket No. 16.)
26
Defendants shall respond to Plaintiff’s discovery requests within 7 days of the date this
27
order is filed.
28
Plaintiff’s motion to compel is DENIED because he has not complied with the
1
requirements to meet and “confer” with Defendants prior to filing such a motion. Fed. R.
2
Civ. P. 37(a). (Docket No. 19.) Plaintiff’s motion for appointment of counsel is
3
DENIED. (Docket No. 20.)
4
5
IT IS SO ORDERED.
DATED: April 13, 2012
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JEFFREY S. WHITE
United States District Judge
1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
ANTHONY TORRES,
Case Number: CV11-02638 JSW
Plaintiff,
CERTIFICATE OF SERVICE
6
7
v.
8
G. LEWIS et al,
9
Defendant.
10
11
12
13
14
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on April 13, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
15
16
17
18
19
Anthony Torres
Pelican Bay State Prison
P.O. Box 7500
#K59800
Crescent City, CA 95532
20
21
22
23
24
25
26
27
28
Dated: April 13, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?