Opinion
C23-5435-JLR-SKV
12-04-2023
BRANDON J. RUBIO, Plaintiff, v. MASON COUNTY, et al., Defendants.
ORDER RE: RECENT FILINGS
S. KATE VAUGHAN UNITED STATES MAGISTRATE JUDGE
Plaintiff proceeds pro se and in forma pauperis in this 42 U.S.C. § 1983 civil rights action relating to his confinement at Mason County Jail. Plaintiff recently filed an “Order to Show Cause for a Preliminary Injunction & Temporary Restraining”, along with a declaration and memorandum in support. Dkt. 29. Plaintiff also filed a Request for Production of Documents. Dkt. 28. Having considered these filings, the Court herein advises and finds as follows:
(1) Plaintiff's “Order to Show Cause for a Preliminary Injunction & Temporary Restraining”, Dkt. 29, is construed as a motion seeking a preliminary injunction and is noted for consideration on January 12, 2024. The Court further directs Defendants to file and serve a response to Plaintiff's construed motion for preliminary injunctive relief on or before January 8, 2024. Plaintiff may file and serve a reply on or before the January 12, 2024 noting date.
(2) Plaintiff also filed a Request for Production of Documents. Dkt. 28. However, as the Court previously advised, see Dkt. 18, discovery should, in general, be conducted between the parties. Plaintiff is herein advised that requests for discovery should be sent to opposing parties, not to the Court. The Court's role is limited to resolving disputes regarding discovery if they arise. See Fed.R.Civ.P. 37(a)(1) (motion to compel discovery must include a certification that the movant conferred with opposing counsel or made a good faith effort to do so) and Local Civil Rule 37(a)(1) (good faith effort to confer requires a face-to-face meeting or telephone conference). See also Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (per curiam) (pro se litigants remain bound by the rules of procedure) (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). The Court, for these reasons, directs the Clerk to return the Request for Production of Documents, Dkt. 28, to Plaintiff.
(3) The Clerk is directed to send copies of this Order to the parties and to the Honorable James L. Robart.