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Xavier Dmetri Nailing v. B.D. Fosterer

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


January 16, 2013

XAVIER DMETRI NAILING,
PLAINTIFF,
v.
B.D. FOSTERER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a former prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's document entitled "Notice Motion of Plaintiff's Request of All Central Files File H57864, P08725 and G25239 by Defendants' Counsel Daniel Ikeri; Request for Document Production" (Doc. 94) To the extent this document is a request for discovery, plaintiff is advised that discovery requests should not be filed except in the context of a motion to compel. To the extent plaintiff's document is a motion to compel, it is procedurally defective. In the court's August 8, 2012, scheduling order, plaintiff was informed that this case was proceeding under the local rules as a civil pro se (non-prisoner) case because plaintiff is no longer incarcerated. Plaintiff was also informed that all motions pertaining to discovery must be noticed to be heard by December 14, 2012. Plaintiff's motion does not notice any hearing date whatsoever. Because plaintiff's motion was not noticed for a hearing prior to or on December 14, 2012, plaintiff has failed to comply with the court's August 8, 2012, order.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion (Doc. 94) is denied.

20130116

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