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Barry Louis Lamon v. Derral Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 14, 2011

BARRY LOUIS LAMON,
PLAINTIFF,
v.
DERRAL ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION

(Doc. 63)

Plaintiff Barry Louis Lamon ("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 9, 2010, Plaintiff filed a motion requesting an extension of the discovery deadline. (Doc. #63.)

On October 27, 2009, the Court issued a discovery and scheduling order. (Doc. #17.) The order set June 27, 2010, as the deadline for conducting all discovery. Plaintiff has failed to demonstrate that good cause exists to extend the deadline, particularly in light of the fact that Plaintiff's request comes five months after the deadline had passed. Plaintiff fails to explain why he failed to request an extension prior to the expiration of the deadline. *fn1

Plaintiff's motion describes an ongoing problem with getting documents from Defendants related to a motion to compel that was resolved on November 2, 2010. (Doc. #55.) However, those issues do not justify reopening discovery and permitting Plaintiff to file new discovery requests. Plaintiff also argues that he has pending deadlines in multiple cases. However, these deadlines do not explain why Plaintiff failed to propound his discovery requests before the June 27, 2010, deadline. Plaintiff has failed to demonstrate why good cause exists to reopen discovery.

Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion is DENIED.

IT IS SO ORDERED.

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