DuSHANE v. SACRAMENTO COUNTY MAIN JAIL, 2:15-cv-0136 TLN CKD P. (2015)
Court: District Court, E.D. California
Number: infdco20151201955
Visitors: 14
Filed: Nov. 30, 2015
Latest Update: Nov. 30, 2015
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff has filed a motion asking the court to compel defendant Her to answer certain questions related to this case and provide plaintiff with certain documents and recordings. First, plaintiff has not provided anything to the court indicating that he sought these materials through a request for discovery authorized by the Federal Rules of Civil Procedure. Second, the motion is dated November 12, 2015. In the court's June 23, 2015 discovery a
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff has filed a motion asking the court to compel defendant Her to answer certain questions related to this case and provide plaintiff with certain documents and recordings. First, plaintiff has not provided anything to the court indicating that he sought these materials through a request for discovery authorized by the Federal Rules of Civil Procedure. Second, the motion is dated November 12, 2015. In the court's June 23, 2015 discovery an..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff has filed a motion asking the court to compel defendant Her to answer certain questions related to this case and provide plaintiff with certain documents and recordings. First, plaintiff has not provided anything to the court indicating that he sought these materials through a request for discovery authorized by the Federal Rules of Civil Procedure. Second, the motion is dated November 12, 2015. In the court's June 23, 2015 discovery and scheduling order, the parties were informed that the deadline for filing motions to compel discovery was October 9, 2015. Plaintiff never sought, nor received, an extension of time to conduct discovery or file a motion to compel.1
In accordance with the above, IT IS HEREBY ORDERED that plaintiff's November 19, 2015 motion to compel (ECF No. 42) is denied.
FootNotes
1. The court notes that at various times in this case, plaintiff has complained about his lack of access to writing supplies such as envelopes. However, since June 23, 2015, plaintiff has made ten different filings with the court and at no time did plaintiff seek an extension of time to conduct discovery or file a motion to compel. The court might be inclined to reopen discovery if plaintiff files a motion describing what discovery he seeks and establishing that he was not permitted to conduct discovery before the expiration of the deadline due to the actions of prison staff.
Source: Leagle
