Wilkes v. Magnus, et al.,

Filing 42

ORDER by Judge Lucy H. Koh denying 30 Motion for Discovery (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 1/14/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 DAVID WILKES, ) ) Plaintiff, ) ) v. ) ) CHIEF MAGNUS, RICHMOND POLICE ) ) DEPARTMENT, et al., ) ) Defendants. ____________________________________) No. C 12-0090 LHK (PR) ORDER DENYING MOTION TO COMPEL DISCOVERY (Docket No. 30) 17 Plaintiff, a California state prisoner proceeding pro se, filed a civil rights complaint 18 pursuant to 42 U.S.C. § 1983. The Court partially dismissed Plaintiff’s complaint, and ordered it 19 served upon named Defendants. The Court ordered that discovery proceed in accordance with 20 the Federal Rules of Civil Procedure, and that no further Court order was required before parties 21 may conduct discovery. (Doc. No. 12.) Plaintiff has filed a motion for discovery, which the 22 Court construes as a motion to compel. (Doc. No. 30.) Defendants oppose the motion. (Doc. 23 No. 40.) 24 Plaintiff may file a motion to compel discovery only after he satisfies the “meet and 25 confer” requirements of the discovery rules. See Fed. R. Civ. P. 37(a)(2)(A) (providing motion 26 to compel must include certification that movant has in good faith conferred or attempted to 27 confer with non-disclosing party in effort to secure disclosure without court action). Because 28 Plaintiff is detained, however, he is not required to meet and confer with Defendants in person. Rather, if his discovery requests are denied, and he intends to seek a motion to compel, he must Order Denying Motion for Discovery G:\PRO-SE\SJ.LHK\CR.11\Wilkes090denydisc.wpd 1 send a letter to Defendants to that effect, offering them one last opportunity to provide him with 2 the sought-after information. Unless and until Plaintiff files the requisite certification 3 demonstrating that he has conferred with Defendants, making known his intention to file a 4 motion to compel, the Court will not interfere with discovery matters. Defendants are 5 encouraged to respond to Plaintiff’s discovery requests, if appropriate, in a thorough and timely 6 manner. At this time, the motion to compel will be DENIED without prejudice as premature. 7 This order terminates docket number 30. 8 IT IS SO ORDERED. 9 DATED: 1/13/13 LUCY H. KOH United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Motion for Discovery G:\PRO-SE\SJ.LHK\CR.11\Wilkes090denydisc.wpd 2

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