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Decker v. Yslas

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 25, 2008

KEVIN L. DECKER, PLAINTIFF,
v.
BRONZON YSLAS, DEFENDANT.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On August 12, 2008, plaintiff filed a document entitled "Motion for Incarcerated Witnesses Statements." Id. Plaintiff states he is moving for a "statement from all witnesses incarcerated and a judgment in my behalf based on the facts." Id. The second page of this motion is entitled "Declaration of Pretrial Statement," followed by plaintiff's declaration as to the facts alleged herein. Id. at 2.

To the extent that plaintiff is seeking testimony from incarcerated witnesses, this motion is insufficient. Plaintiff has not identified the witnesses, nor followed the procedures necessary to obtain attendance of incarcerated witnesses at trial as set forth in this court's February 25, 2008 Scheduling Order. Id. at 2-4.

To the extent that plaintiff is attempting to file a pretrial statement, his filing is insufficient under Local Rule 16-281*fn1 and is premature. The pretrial statement is not due until November 14, 2008. See February 25, 2008 Scheduling Order. Plaintiff shall refrain from filing his pretrial statement until closer to the filing deadline.

On August 14, 2008, plaintiff again requested the appointment of counsel. Plaintiff's request will be denied for the same reasons set forth in this court's August 22, 2008 order.

On August 14, 2008, plaintiff filed a motion for order compelling discovery.

However, this two page filing consists of a title page and a proof of service; plaintiff has not identified the discovery he seeks, nor provided a copy of the discovery requests to which he seeks to compel responses. Moreover, discovery closed June 20, 2008. See February 25, 2008 Scheduling Order at 5. Thus, plaintiff's motion is untimely and will be denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's August 12, 2008 motion is denied without prejudice (docket no. 29).

2. Plaintiff's August 14, 2008 motion for the appointment of counsel (docket no. 30) is denied.

3. Plaintiff's August 14, 2008 motion to compel discovery is denied (docket no. 31).


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