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Garcia v. Masiel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 22, 2010

ROBERT GARCIA, PLAINTIFF,
v.
A. MASIEL, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION FOR A COURT ORDER TO COMPLY AS MOOT (Doc. 37)

Plaintiff Robert Garcia 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 14, 2009, Plaintiff filed a motion requesting that the Court order the Department of Corrections and correctional counselor Price to disclose information as to the whereabouts of several inmate witnesses and a psychologist for Plaintiff obtain declarations and depositions. On December 18, 2009, Defendants Ojeda and Silva filed an opposition. Defendants contend that the Court cannot order non-parties in this action to comply. Defendants are not opposed to the issuance of a subpoena.

On December 29, 2009, Plaintiff filed a motion requesting a 120-day extension of time to complete discovery. Plaintiff stated that he was currently in the process of obtaining the information he had requested in his December 14, 2009 motion, but would need further time to complete the discovery process. On January 6, 2010, the Court granted Plaintiff's motion. Plaintiff's December 14, 2009 motion is thus rendered moot.

Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion, filed December 14, 2009, is DENIED as moot.

IT IS SO ORDERED.

20100122

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