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Henderson v. Rodriguez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 7, 2009

CURTIS LEE HENDERSON SR, PLAINTIFF,
v.
G. RODRIGUEZ, DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER STRIKING DOCUMENTS (Docs. 28, 29 and 33)

Plaintiff Curtis Lee Henderson Sr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 6, 2008. On April 20, 2009, Defendant Rodriguez ("Defendant") filed objections to Plaintiff's first set of interrogatories and request for admissions as premature. (Docs. 28 and 29). On May 4, 2009, Plaintiff filed a response. (Doc. 33).

As was explicitly stated in the Court's First Informational Order, the Court will open discovery and set deadlines for completing discovery after an answer has been filed, and that no discovery may be conducted without court permission until an answer is filed and the court issues the discovery order. (Doc. 3). No answer has been filed in this action and the Court has not issued a discovery order opening the discovery phase of this litigation.

Defendant's objections and Plaintiff's response are HEREBY ORDERED STRICKEN.

IT IS SO ORDERED.

20090507

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