Benyamini v. Swett

Full title: ROBERT BENYAMINI, Plaintiff, v. M. SWETT, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 8, 2015

2:13-cv-735-KJM-EFB P (E.D. Cal. Oct. 8, 2015)

Opinion

ROBERT BENYAMINI, Plaintiff, v. M. SWETT, et al., Defendants. No. 2:13-cv-735-KJM-EFB P United States District Court, E.D. California. October 8, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Plaintiff is a former state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He requests an additional fourteen days within which to respond to defendants' discovery requests. This request is granted.

         He also requests an order directing "CSPSAC [to produce] all documentation" that he has sought from the litigation department. This request is denied. California State Prison, Sacramento and its litigation department is not a party to this lawsuit, and is under no obligation to respond to plaintiff's request for documents, as such requests may only be served on other parties. See Fed. R. Civ. P 34(a). The court previously informed plaintiff that he may serve discovery requests on defendants, and that if they fail to properly respond, he may then file a motion to compel. See ECF No. 52.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's motion (ECF No. 67) is granted to the extent that plaintiff has an additional fourteen days within which to respond to defendants' discovery requests, and is denied in all other respects.