KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a prisoner at California State Prison-Sacramento ("CSP-SAC"). On April 11, 2012, the CSP-SAC Warden, Tim V. Virga, informed this court, and CSP-SAC prisoners and staff, that several pieces of prisoner mail, dating from 2009 to January 2012, had been metered by CSP-SAC but never mailed. On April 25, 2012, plaintiff filed a reply to defendants' opposition to plaintiff's discovery motion wherein he included a photocopy of the outside of an envelope prepared by plaintiff and addressed to the California "Government Claims Program." (
Accordingly, plaintiff, with the assistance of CSP-SAC staff, is requested to forward a copy of this order to the VCGCB, together with a copy of plaintiff's supplemental statement of disputed facts (Dkt. No. 44), within seven days after service of this order.
In addition, it appears that the mail delays at CSP-SAC delayed plaintiff's receipt of defendants' discovery responses. While defendants assert that plaintiff's motion to compel discovery (Dkt. No. 35) is moot (Dkt. No. 36), plaintiff now asserts that defendants' responses are incomplete and evasive (Dkt. No. 38). Nevertheless, plaintiff suggests that, because he included his discovery argument in opposition to the pending motion for summary judgment, it will be more efficient for the court to address his contentions in the process of ruling on the motion; thus, plaintiff "stipulat[es] that all discovery contentions will be addressed in resolution of defendants' motion for summary judgment and plaintiff's opposition thereto." (Dkt. No. 38 at 3.) The court cannot, as plaintiff requests, issue an order approving such "stipulation." However, the court will assess the quality and weight of the evidence, including all responses to discovery, when it addresses the motion for summary judgment. Plaintiff's discovery motion (Dkt. No. 35), must therefore be denied without prejudice.
For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Plaintiff, with the assistance of CSP-SAC staff, is requested to forward a copy of this order to the VCGCB, together with a copy of plaintiff's supplemental statement of disputed facts (Dkt. No. 44), within seven days after service of this order on plaintiff.
2. Plaintiff's motion to compel discovery (Dkt. No. 35), is denied without prejudice.
3. The Clerk of Court is directed to send plaintiff, with service of this order: (1) a second copy of this order; (2) a copy of plaintiff's supplemental statement of facts (Dkt. No. 44); and (3) a copy of the docket.