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Turk v. Pfile, 2:14-cv-2186 KJN P (TEMP). (2016)

Court: District Court, E.D. California Number: infdco20160422b90 Visitors: 13
Filed: Apr. 21, 2016
Latest Update: Apr. 21, 2016
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding pro se, with a civil rights action seeking relief under 42 U.S.C. 1983. On March 7, 2016, plaintiff filed a motion to compel. According to the court's discovery and scheduling order, however, the parties were required to file all discovery motions on or before January 29, 2016. Plaintiff has not filed a motion to modify the court's scheduling order. See Johnson v. Mammoth Re-creations, 975 F.2d 604
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ORDER

Plaintiff is a state prisoner, proceeding pro se, with a civil rights action seeking relief under 42 U.S.C. § 1983.

On March 7, 2016, plaintiff filed a motion to compel. According to the court's discovery and scheduling order, however, the parties were required to file all discovery motions on or before January 29, 2016. Plaintiff has not filed a motion to modify the court's scheduling order. See Johnson v. Mammoth Re-creations, 975 F.2d 604, 608 (9th Cir. 1992). Nor has plaintiff otherwise shown good to modify the scheduling order as required. See id.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel (Doc. No. 11) is denied as untimely.

Source:  Leagle

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