Bardo v. Subia et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/08/11 ordering plaintiff's 05/23/11 motion for compliance 61 is denied. Plaintiff's 05/31/11 motion for an extension of time 62 is granted. Plaintiff is granted up to and including 07/01/11 to file and serve an opposition to the motion for summary judgment. Defednants' reply, if any, shall be filed 7 days thereafter. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT J. BARDO,
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Plaintiff,
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vs.
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No. 2:09-cv-1645 FCD KJN P
R. J. SUBIA, et al.,
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Defendants.
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ORDER
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Plaintiff is a state prisoner proceeding without counsel, with a civil rights action
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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s May 23, 2011 motion for a
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court order directing defendants to comply with the April 18, 2011 order. On June 3, 2011,
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defendants filed an opposition to this motion. For the following reasons, plaintiff’s motion is
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denied.
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The April 18, 2011 order addressed plaintiff’s motion to compel filed February
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15, 2011. In the motion to compel, plaintiff argued that defendants failed to adequately respond
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to a request for production of documents. In relevant part, plaintiff claimed that defendants
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failed to produce inmate Garafolo’s prison records regarding his drop-out status from the Aryan
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Brotherhood and/or Hell’s Angels as well as any documents regarding acts of violence he
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committed while in those gangs.
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In the April 18, 2011 order, the undersigned observed that defendants’ opposition
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did not specifically address plaintiff’s request for documents regarding inmate Garafolo’s
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involvement with the Aryan Brotherhood and/or Hell’s Angels. Defendants were ordered to
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review inmate Garafolo’s central file within twenty-one days and determine whether it contained
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documents responsive to this request.
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In the pending motion, plaintiff claims that defendants failed to provide him with
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the documents ordered in the April 18, 2011 order. In particular, plaintiff alleges that defendants
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failed to provide him with documents from inmate Garafolo’s confidential prison file addressing
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his gang status.
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In their opposition to the pending motion, defendants state that they have provided
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plaintiff with documents regarding inmate Garafolo’s gang status which are not contained in his
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confidential file. Defendants argue that plaintiff’s original request for production of documents
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did not request documents from inmate Garafolo’s confidential file. Defendants state that
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plaintiff is improperly seeking to reopen discovery in the pending motion.
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The undersigned has gone back and reviewed plaintiff’s original motion to compel
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and the request for production of documents attached as an exhibit. (Dkt. No. 54 at 10-13.) The
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original request for production of documents contained no request for documents regarding
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inmate Garafolo’s gang involvement. The original request for production of documents did not
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mention the Aryan Brotherhood or Hell’s Angels. Because plaintiff did not request these
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documents in a request for production of documents, his request for these documents in the
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motion to compel was improper. For these reasons, plaintiff’s motion requesting that defendants
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be ordered to comply with the April 18, 2011 order by producing these documents is denied.
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On May 31, 2011, plaintiff filed a motion for an extension of time to respond to
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defendants’ summary judgment motion. Good cause appearing, this motion is granted.
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////
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s May 23, 2011 motion for compliance (Dkt. No. 61) is denied;
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2. Plaintiff’s May 31, 2011 motion for an extension of time (Dkt. No. 62) is
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granted; and
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3. Plaintiff is granted up to and including July, 1, 2011 to file and serve an
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opposition to the motion for summary judgment. Defendants’ reply, if any, shall be filed seven
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days thereafter.
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DATED: June 8, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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bard1645.36(2)
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