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Jacobs v. Scribner

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 8, 2010

GEORGE E. JACOBS IV, PLAINTIFF,
v.
ALLEN K. SCRIBNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND PRODUCTION OF DOCUMENTS ADMITTED AND FOR MONETARY SANCTIONS (Doc. 113)

Plaintiff George E. Jacobs IV ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On December 15, 2009, Defendants filed a second motion seeking an extension of time to serve their responses to Plaintiff's discovery requests as ordered by the Court in response to Plaintiff's motions to compel discovery responses (Docs. 87, 88, 95, 106) which was approved on December 16, 2009 (Doc. 109). On December 28, 2009, Plaintiff filed a motion to deem requests for admissions, interrogatories, and production of documents admitted and seeking imposition of monetary sanctions. (Doc. 113.) Defendants filed their opposition on January 6, 2010. (Doc. 114.) Plaintiff has not yet filed a reply.*fn1

Since the due date for service of Defendants responses to discovery sought by Plaintiff has not yet arrived, Plaintiff's motion that his requests be deemed admitted and that mandatory sanctions be imposed is premature.

Accordingly, Plaintiff's motion that his requests for admissions, interrogatories, and production of documents be deemed admitted and that monetary sanctions be imposed is DENIED as premature.

IT IS SO ORDERED.


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