Shove v. McDonald et al

Filing 123

ORDER by Judge James Donato denying 99 Motion for Reconsideration ; denying 100 Motion to Compel; denying 103 Motion In Camera Review; denying 114 Motion to Submit Evidence of Obstruction of Prosecution; denying 115 Motion to Prosecute Criminal Acts; granting 118 Motion for Extension of Time to File; denying 121 Motion. (lrcS, COURT STAFF) (Filed on 4/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEODORE SHOVE,

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Plaintiff,

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ORDER ON MOTIONS

v.

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Re: Dkt. Nos. 99, 100, 103, 114, 115, 118,
MCDONALD, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 14-cv-02903-JD

121

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This is a civil rights case brought pro se by a state prisoner. Defendants filed a motion to

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dismiss for failure to prosecute that is fully briefed and that the Court will review in due course.

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Plaintiff has filed many other miscellaneous motions. Plaintiff’s motion for reconsideration

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(Docket No. 99) is denied for the same reasons as set forth in the prior Court order. Plaintiff’s

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motions for an in camera review (Docket No. 103), to submit evidence of obstruction of

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prosecution (Docket No. 114), to prosecute criminal acts (Docket No. 115) are denied as meritless

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and frivolous. Plaintiff’s motion to compel (Docket No. 100) is denied without prejudice. If this

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case continues after the Court reviews the motion to dismiss for failure to prosecute, the Court will

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address any discovery disputes.1

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For the foregoing reasons, the Court hereby orders as follows:

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1. Plaintiff’s motions (Docket Nos. 99, 100, 103, 114, 115, 121) are DENIED as

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discussed above.
2. GOOD CAUSE APPEARING, it is hereby ordered that defendants’ request for an

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extension of time (Docket No. 118) is GRANTED and a dispositive motion shall be filed within

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None of the discovery requests in the motion to compel pertain to the pending motion to dismiss.

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sixty days if the Court denies the motion to dismiss for failure to prosecute.
IT IS SO ORDERED.
Dated: April 24, 2018

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEODORE SHOVE,

Case No. 14-cv-02903-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MCDONALD, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on April 24, 2018, 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.

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Theodore Shove ID: G11092
San Quentin State Prison
San Quentin, CA 94974

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Dated: April 24, 2018

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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