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Wheeler v. Alison

United States District Court, Eastern District of California

January 21, 2015

ERIC WHEELER, Plaintiff,
v.
ALISON, et al., Defendants.

ORDER REGARDING PLAINTIFF'S REQUEST FOR RELIEF (DOCUMENT 203) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED ON DEFENDANTS FOR FAILURE TO COMPLY WITH DISCOVERY ORDER

Dennis L. Beck Judge

Plaintiff Eric Wheeler ("Plaintiff) is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiffs complaint, filed on May 25, 2012, on the following claims: (1) excessive force in violation of the Eighth Amendment against Defendants Duck, Murrieta and Lowder; (2) failure to protect in violation of the Eighth Amendment against Defendants Duck, Murrietta, Lowder, Loftis and Alison; and (3) deliberate indifference to a serious medical in violation of the Eighth Amendment against Defendants Ross, Mui, Neubarth and Ancheta.

On December 15, 2014, the Court issued a ruling on Plaintiffs motion to compel. In the order, the Court ordered that if Defendants had not produced documents that they agreed to provide in the September 11, 2014, letter, they had thirty (30) days from the date of service of the order to do so.

On January 20, 2015, the Court received a motion from Plaintiff in which he states that he has not yet received the documents. The motion was .[1]

Accordingly, Defendants are ORDERED TO SHOW CAUSE why sanctions should not be imposed for failure to comply with the December 15, 2014, order. Defendants SHALL file a response to this order within fourteen (14) days of the date of service.

IT IS SO ORDERED.


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