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Nikiano Montoya v. D. Childers

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


December 12, 2011

NIKIANO MONTOYA, PLAINTIFF,
v.
D. CHILDERS, DEFENDANT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On October 13, 2011, plaintiff filed a one-page motion seeking to compel a non-party witness to provide plaintiff with a copy of a voice stress analyzer test allegedly conducted on plaintiff. Plaintiff also requests a declaration from the witness. (Dkt. No. 46.) Per the scheduling order, discovery in this case closed on August 3, 2010, and any motions necessary to compel discovery were due by that date. (Dkt. No. 24.) The court will therefore deny plaintiff's motion as untimely.

Accordingly, IT IS HEREBY ORDERED that plaintiff's October 13, 2011 motion (Dkt. No. 46) is denied.

20111212

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