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Tilei v. Wan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 12, 2010

PUNAOFO TSUGITO TILEI, PLAINTIFF,
v.
T. WAN, ET AL., DEFENDANTS.

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

ORDER DENYING PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY RESPONSES AS MOOT (Docs. 99, 100.)

This is a civil rights action filed pursuant to 42 U.S.C. § 1983 and California law by Punaofo Tsugito Tilei, a state prisoner proceeding pro se and in forma pauperis. This action is proceeding on Plaintiff's amended complaint, filed July 30, 2007, against defendants Wan, Gallagher, and Cooper ("Defendants") for retaliation in violation of the First Amendment, and for denial of due process in violation of the Fourteenth Amendment.*fn1 The events at issue in this action occurred at the California Substance Abuse Treatment Facility and State Prison ("SATF") in Corcoran, California, in 2005.

On May 27, 2010, Plaintiff filed two motions to compel responses from Defendants Wan, Gallagher, and Cooper to Plaintiff's Second Request for Production of Documents and Second Set of Interrogatories. (Docs. 99, 100.) On May 28, 2010, the Court granted Defendants Wan, Gallagher and Cooper an extension of time until June 4, 2010, to serve responses to all of Plaintiff's outstanding discovery requests . (Doc. 101.) Therefore, Plaintiff's motions to compel are moot and shall be denied as such.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motions to compel discovery responses, filed on May 27, 2010, are DENIED as moot.

IT IS SO ORDERED.


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