Valencia

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MCCLINTOCK, No. 2:22-cv-1884 KJM CSK P 12 Plaintiff, 13 v. ORDER 14 G. VALENCIA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. Defendants’ motion to compel discovery is 18 before the Court. Multiple motions are pending. As set forth below, defendants’ motion to 19 compel is granted, plaintiff’s request for judicial notice is denied, plaintiff’s motion to compel is 20 partially granted, and plaintiff’s motion for appointment of an expert is denied without prejudice. 21 I. PLAINTIFF’S FIRST AMENDED COMPLAINT 22 On May 23, 2024, the district court ordered that this case proceed on the following 23 claims: (1) First Amendment retaliation claims as to defendants G. Valencia, L. Cantu and T. 24 Cooper (claims one, two and ten); (2) Plaintiff’s claim that defendants Weaver, Luther and 25 Hadden confiscated and destroyed a box of plaintiff’s legal materials in retaliation for plaintiff 26 pursuing litigation as evidenced…