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Carlos Hendon v. Baroya

March 18, 2013

CARLOS HENDON,
PLAINTIFF,
v.
BAROYA, ET AL.,
DEFENDANTS.



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

ORDER DENYING PLAINTIFF'S MOTIONS FOR DISCOVERY AND FOR EXTENSION OF TIME (Doc. 104.)

I. BACKGROUND

Carlos Hendon ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on September 30, 2005. (Doc. 1.) This action now proceeds on Plaintiff's Second Amended Complaint filed on June 26, 2008, against defendants Baroya, Pham,*fn1 Nguyet, Hoppe, Griffin, and Reidman for subjecting him to cruel and unusual punishment in violation of the Eighth Amendment. (Doc. 18.)

On September 30, 2009, the Court issued a Scheduling Order, establishing a deadline of May 30, 2010 for the parties*fn2 to complete discovery, and a deadline of August 9, 2010 for the parties to file pretrial dispositive motions. (Doc. 36.)

On August 1, 2011, defendant Hoppe appeared in the action. (Doc. 81.) On March 27, 2012, the Court issued a Scheduling Order commencing discovery between Plaintiff and defendant Hoppe, establishing a deadline of August 1, 2012 for Plaintiff and defendant Hoppe to complete discovery, and extending the dispositive motions deadline for all parties to October 1, 2012. (Doc. 88.)

On October 1, 2012, defendants Baroya, Griffin, Hoppe, Nguyet, and Reidman filed a motion for summary judgment, which is pending. (Doc. 93.)

On October 3, 2012, the Court issued a Scheduling Order extending the dispositive motions deadline for defendant Pham to December 1, 2012. (Doc. 98.)

On October 4, 2012, the Court granted Plaintiff an extension of time until December 28, 2012, in which to file an opposition to Defendants Baroya, Griffin, Hoppe, Nguyet, and Reidman's motion for summary judgment. (Doc. 100.)

On November 5, 2012, Plaintiff filed a motion for discovery and for an extension of time to file an opposition to defendants Baroya, Griffin, Hoppe, Nguyet, and Reidman's motion for summary judgment. (Doc. 104.) On December 20, 2012, defendants Baroya, Griffin, Hoppe, Nguyet, and Reidman filed an opposition to the motion. (Doc. 116.) On December 20, 2012, defendant Pham joined the opposition. (Doc. 117.) Plaintiff did not file a reply to the opposition. (Court Docket.)

On November 30, 2012, defendant Pham filed a motion for summary judgment. (Doc. 107.) On January 2, 2013, Plaintiff filed oppositions to the two pending motions for summary judgment. (Docs. 118, 119.)

Plaintiff's motions for discovery and for an extension of time to file an opposition to Defendants' Baroya, Griffin, Hoppe, Nguyet, and Reidman's motion for summary judgment are now before the Court.

II. MOTION FOR DISCOVERY

A. Legal Standards

1. Motion to Modify ...


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