(PC) Spence v. Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD SPENCE, No. 2:21-cv-0692 AC P 12 Plaintiff, 13 v. ORDER 14 B. JOHNSON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Plaintiff has filed a motion to produce custodial officer’s personnel records and a motion 21 to extend the discovery deadline date. ECF Nos. 34, 36. The motion is fully briefed (see ECF 22 Nos. 34, 37, 38) (plaintiff’s motion; defendants’ opposition; plaintiff’s reply, respectively), and 23 defendants have not filed an objection to plaintiff’s request for an extension of his date to respond 24 to discovery. 25 The court construes plaintiff’s motion to produce custodial officer’s personnel records as a 26 motion to compel. For the reasons stated below, the motion to compel will be denied and the…