Phillips v. Noonan et al

Filing 40

ORDER striking plaintiff's 39 Motion to Produce. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 06 07 08 JOSEPH PHILLIPS, 09 10 11 12 13 14 Plaintiff is a Washington State prisoner proceeding pro se in this civil rights action UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) OFFICER NOONAN, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C08-1541-JCC-MAT

ORDER STRIKING AND RETURNING PLAINTIFF'S DISCOVERY REQUEST

15 pursuant to 42 U.S.C. § 1983. On January 21, 2009, the Court issued an Order establishing a 16 deadline of April 17, 2009 for discovery to be propounded in this matter (Dkt. 23). On July 6, 17 2009, plaintiff filed a Motion for Production of Documents (Dkt. 39). Having considered the 18 foregoing, the Court does hereby find and ORDER: 19 (1) Plaintiff's Motion for Production of Documents is STRICKEN. The date by

20 which plaintiff propounded his discovery request is over two months after the deadline for 21 discovery. In addition, plaintiff is advised that requests for discovery should not be sent to the 22 Court, but rather propounded only on the opposing party. The Court's role is limited to

ORDER STRIKING AND RETURNING PLAINTIFF'S DISCOVERY REQUEST PAGE -1

01 resolving disputes regarding discovery if they arise. 02 (2) The Clerk is directed to send a copy of this Order to plaintiff, to counsel for

03 defendants, and to the Hon. John C. Coughenour. 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 s/ Mary Alice Theiler United States Magistrate Judge DATED this 8th day of July, 2009.

ORDER STRIKING AND RETURNING PLAINTIFF'S DISCOVERY REQUEST PAGE -2