(PC) Webster v. Haskins ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS WEBSTER, Case No. 1:18-cv-01640-BAM (PC) 12 Plaintiff, ORDER REQUIRING DEFENDANT HASKINS TO RESPOND TO PLAINTIFF’S 13 v. MOTION FOR ORDER COMPELLING DISCLOSURE OR DISCOVERY BY THE 14 HASKINS, DEFENDANT 15 Defendant. (ECF No. 59) 16 TWENTY-ONE (21) DAY DEADLINE 17 18 Plaintiff Thomas Webster (“Plaintiff”) is a civil detainee proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained under 20 California Welfare Institutions Code § 6600 et seq. are civil detainees and are not prisoners 21 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 22 (9th Cir. 2000). This action proceeds against Defendant Haskins for denial of adequate medical 23 care in violation of the Fourteenth Amendment. All parties have consented to Magistrate Judge 24 jurisdiction. (ECF Nos. 22, 37.) 25 Currently before the Court is Plaintiff’s motion for an order compelling disclosure or 26 discovery from Defendant Haskins, filed November 17, 2020. (ECF No. 59.) Pursuant to Local 27 Rule 230(l), Defendant’s opposition or statement of non-opposition was due on or before 28 December 8, 2020. Defendant has not filed a response. 1 The Court finds it appropriate to obtain a response from Defendant regarding the motion. 2 Accordingly, Defendant Haskins shall file an opposition or statement of non-opposition to 3 Plaintiff’s motion within twenty-one (21) days from the date of service of this order. Plaintiff’s 4 reply, if any, is due within seven (7) days from the date of service of Defendant’s response. 5 IT IS SO ORDERED. 6 7 Dated: December 11, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28