Hurlbert v. Muniz et al

Filing 35

ORDER GRANTING EXTENSION OF TIME; DENYING MOTION FOR PRODUCTION OF DOCUMENTS; DENYING MOTION FOR LEAVE TO AMEND. Signed by Magistrate Judge Jacqueline Scott Corley on 8/2/2016.(ahm, COURT STAFF) (Filed on 8/1/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

GRANT DALE HURLBERT,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
WILLIAM L. MUNIZ, et al.,
Defendants.

Case No. 15-cv-04357-JSC

ORDER GRANTING EXTENSION
OF TIME; DENYING MOTION
FOR PRODUCTION OF
DOCUMENTS; DENYING
MOTION FOR LEAVE TO
AMEND
Re: Dkt. Nos. 27, 28, 31

12
13

Plaintiff, a state prisoner at Corcoran State Prison, filed this pro se civil rights action under

14

42 U.S.C. § 1983. He has filed an amended complaint against officials at Salinas Valley State

15

Prison, where he was formerly housed. The amended complaint supersedes the original complaint

16

and is now the operative complaint. Defendants have filed a motion for summary judgment, and

17

Plaintiff has filed an opposition. Defendants’ reply brief remains due.

18

Plaintiff has also filed a motion for leave to amend the complaint further to add state law

19

claims against a new Defendant --- James Beard, the Secretary of the Department of Corrections

20

and Rehabilitation. This motion is DENIED without prejudice to re-filing after the pending

21

motion for summary judgment is resolved. If summary judgment is denied and there remain

22

federal claims against the current Defendants, then the Court may exercise supplemental

23

jurisdiction over Plaintiff’s state law claims 28 U.S.C. § 1367(a). If the summary judgment

24

motion is granted and no more federal claims remain, the Court will not exercise supplemental

25

jurisdiction over Plaintiff’s state law claims and he may bring them in state court. See 28 U.S.C. §

26

1367(c)(3) (district court may decline supplemental jurisdiction over state law claims when all

27

claims over which it has original jurisdiction have been dismissed).

28

Good cause appearing, Defendants’ motion for an extension of time to file a reply brief, to

1
2

and including August 2, 2016, is GRANTED.
Plaintiff has filed a motion requesting that Defendant Muniz produce documents.

3

Discovery requests, including requests for production of documents, must be sent directly to

4

Defendants and not filed as motions with the Court. This motion is DENIED. If a discovery

5

dispute arises and the parties cannot resolve it on their own, they may file a motion to compel

6

discovery as provided in the Federal Rules of Civil Procedure.

7
8

IT IS SO ORDERED.
Dated: August 1, 2016

9
10
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

GRANT DALE HURLBERT,

Case No. 15-cv-04357-JSC

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

WILLIAM L. MUNIZ, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13
14
15
16
17

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 August 1, 2016, 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.

18
19
20
21
22

Grant Dale Hurlbert ID: Prisoner Id AA2825
Corcoran State Prison
P.O. Box 3466
03Bl-220U
Corcoran, CA 93212
Dated: August 1, 2016

23
24
25

Susan Y. Soong
Clerk, United States District Court

26
27
28

By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
3