Valentine v. Yerena et al

Filing 43

ORDER Denying Plaintiff's Motion to Deny Defendants' Waiver of Reply; Denying Renewed Motion for Production of Documents; Granting Defendants' Motion to Stay Discovery. Signed by Judge Ronald M. Whyte on 7/28/11. (jg, COURT STAFF) (Filed on 7/29/2011)

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*E-FILED - 7/29/11*

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOE LOUIS VALENTINE, JR.,

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Plaintiff,
v.

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D. MILLIGAN and J. SILVEIRA,
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Defendants.
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No. C 10-3836 RMW (PR)
ORDER DENYING
PLAINTIFF’S MOTION TO
DENY DEFENDANTS’
WAIVER OF REPLY;
DENYING RENEWED
MOTION FOR PRODUCTION
OF DOCUMENTS;
GRANTING DEFENDANTS’
MOTION TO STAY
DISCOVERY

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Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint
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pursuant to 42 U.S.C. § 1983. The court screened plaintiff’s amended complaint and found that
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he stated cognizable claims of violations to his First Amendment rights. Before the court is
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plaintiff’s motion to deny defendants’ waiver of reply, a renewed motion for production of
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documents for inspection by the court, and a motion to stay discovery pending disposition of the
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motion for summary judgment.
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Plaintiff’s motion to deny the defendants’ waiver of reply is DENIED. Plaintiff’s
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renewed motion for production of documents for inspection by the court is DENIED.
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Defendants’ motion to stay discovery pending disposition of the motion for summary judgment
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is GRANTED. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998) (noting that a district court
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should stay discovery until the threshold question of qualified immunity is settled). Relatedly,
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Order Denying Plaintiff’s Motion to Deny Defendants’ Waiver of Reply; Denying Renewed Motion for Production
of Documents; Granting Defendants’ Motion to Stay Discovery
P:\PRO-SE\SJ.Rmw\CR.10\Valentine836misc.wpd

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plaintiff’s “motion that defendants’ motion to stay be denied” is DENIED. Discovery is

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STAYED pending further order of the court.

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This order terminates docket numbers 25, 26, 32, and 35.

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IT IS SO ORDERED.

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DATED: 7/28/11
RONALD M. WHYTE
United States District Judge

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Order Denying Plaintiff’s Motion to Deny Defendants’ Waiver of Reply; Denying Renewed Motion for Production
of Documents; Granting Defendants’ Motion to Stay Discovery
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P:\PRO-SE\SJ.Rmw\CR.10\Valentine836misc.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JOE L. VALENTINE JR,

Case Number: CV10-03836 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
J. YERENA et al,
Defendant.

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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.
That on July 29, 2011, 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.

Joe Louis Valentine C47779
Pelican Bay State Prison
Post Office Box 7500
(D4-212)
Crescent Bay, CA 95592

Dated: July 29, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk