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Shawn Marshall Tompkins v. Stephens

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 12, 2011

SHAWN MARSHALL TOMPKINS, PLAINTIFF,
v.
STEPHENS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed two motions to compel, which defendants have opposed. See Dckt. Nos. 73, 74, 76, 77.

Plaintiff's motions assert that he propounded interrogatories and requests for production of documents but did not receive responses from defendants. Defendants' oppositions and attachments show that defendants have indeed responded to the discovery requests. See Dckt. No. 77, Exs. D-F (defendants' interrogatory responses), Dckt. No. 76, Ex. B (defendants' response to plaintiff's request for production of documents). It appears that plaintiff has now received defendants' discovery responses, and his motions to compel should be denied as moot.

Accordingly, it is hereby ORDERED that:

1. Plaintiff's motions to compel, Dckt. Nos. 73 and 74, are denied; and

2. Plaintiff must respond to defendants' motion for summary judgment within 21 days of the date of this order.

20110412

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