Collier v. Hennessy et al

Filing 169

ORDER/CORRECTED ORDER Denying 161 Plaintiff's Motion to Compel. Signed by Magistrate Judge Edward M. Chen on 3/30/2011. (emcsec, COURT STAFF) (Filed on 3/30/2011)

Collier v. Hennessy et al

Doc. 169

1 2 3 4 5 6 7 8 9 10 v. SHERIFF MICHAEL HENNESSEY, et al., Defendants. ___________________________________/ TREMAYNE COLLIER, Plaintiff, CORRECTED ORDER DENYING PLAINTIFF'S MOTION TO COMPEL (Correction in bold and green highlight) (Docket No. 161) No. C-06-1143 CW (EMC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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The Court has reviewed Plaintiff's Motion to Compel Compliance with the Court's January 21, 2011 Order and supporting papers. Defendants' untimely opposition, Docket No. 166 (filed 4 days after the deadline set by this Court (see Docket No. 165)), is stricken. Defendants provide no good cause excusing their late filing. Good cause appearing therefor, the Court DENIES Plaintiff's motion. The Court has reviewed the pleadings in Spears & Wigfall v. CCSF, No. 06-4968 VRW and concludes the claims therein do not constitute claims for excessive force for which discovery was ordered under this Court's order of January 21, 2011 (Docket No. 133). In that case, there was no independent claim of excessive force unconnected with the alleged sexual acts; at most, there is a reference to one threat /// /// /// /// ///

Dockets.Justia.com

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of the use of force. The Court notes that Judge Wilken's order on motions in limine precludes evidence of complaints related to Neu's sexual behavior in jail, which is the gravamen of the complaint in Spears. This order disposes of Docket No. 161.

IT IS SO ORDERED.

Dated: March 30, 2011 _________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

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For the Northern District of California

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