(PC) Marti v. Baires et al
Filing
47
ORDER signed by Magistrate Judge Sheila K. Oberto on 11/3/2011 denying 46 Motion for sanctions without prejudice as premature. (Lundstrom, T)
<![CDATA[
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
ALEX LAMOTA MARTI,
10
Plaintiff,
11
12
CASE NO. 1:08-cv-00653-AWI-SKO PC
ORDER DENYING PLAINTIFF’S MOTION
FOR SANCTIONS, WITHOUT PREJUDICE,
AS PREMATURE
v.
M. A. BAIRES, et al.,
13
(Doc. 46)
Defendants.
/
14
15
Plaintiff Alex Lamota Marti, a state prisoner proceeding pro se and in forma pauperis, filed
16
this civil rights action pursuant to 42 U.S.C. § 1983 on May 9, 2008. On November 2, 2011,
17
Plaintiff filed a motion seeking the imposition of sanctions against Defendants for failure to comply
18
with a court order. Fed. R. Civ. P. 37.
19
Pursuant to the Court’s order of October 11, 2011, Defendants were required to re-serve their
20
discovery responses on Plaintiff within fifteen days from the date of service of the order. Pursuant
21
to the Federal Rules of Civil Procedure governing service and the computation of time, Defendants
22
were required to serve their responses by mail on or before October 31, 2011. Fed. R. Civ. P. 5(b);
23
Fed. R. Civ. P. 6(a), (d). Plaintiff’s motion for sanctions, served by mail on October 30, 2011, was
24
prematurely filed.
25
///
26
///
27
///
28
1
1
2
Accordingly, Plaintiff’s motion for sanctions is HEREBY DENIED, without prejudice, as
premature.
3
4
IT IS SO ORDERED.
5
Dated:
ie14hj
November 3, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
