Fernandez
(PC) Ellesbury v. Fernandez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE VERNE ELLESBURY, No. 2: 18-cv-2744 KJM KJN P Plaintiff, v. ORDER J. FERNANDEZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions to compel filed January 26, 2020, and February 11, 2020 (ECF Nos. 56, 59), and plaintiff’s motion for an extension of time to complete discovery filed February 11, 2020 (ECF No. 60). For the reasons stated herein, plaintiff’s motions are denied. Motions to Compel Discovery closed on January 10, 2020. (ECF No. 49.) Accordingly, plaintiff’s motions to compel filed January 26, 2020 and February 11, 2020 are untimely. On this ground, the motions to compel are denied. 26 The filing dates are determined based on the mailbox rule. See Roberts v. Marshall, 627 F.3d 768, 770 n. 1 (9th Cir. 2010) (citation omitted) (under the “mailbox rule,” when a…