Jones # 202414 v. Forbs et al

Filing 20

ORDER denying 17 Plaintiff's Motion for Discovery. Signed by Magistrate Judge Lawrence O Anderson on 7/20/12.(TLJ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Theodore Jacob Jones,

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Plaintiff,

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vs.

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Forbs, et. al,
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Defendant.
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No. CV-12-435-PHX-SRB (LOA)
ORDER

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This matter arises on Plaintiff's Motion for Discovery. (Doc. 17)
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Plaintiff filed a Prisoner Civil Rights Complaint pursuant to 42 U.S.C. § 1983 on
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March 1, 2012. (Doc. 1) Plaintiff filed a First Amended Complaint on May 3, 2012. On
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June 22, 2012, the Court screened Plaintiff's First Amended Complaint pursuant to 28 U.S.C.
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§ 1915(A)(a) and ordered that, liberally construed, Plaintiff has stated Eighth Amendment
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claims against Defendants Forbs and Sanchez. The Court ordered those Defendants to
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answer the First Amended Complaint. (Doc. 11 at 3) To date, neither Defendant has been
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served.
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The Court will deny Plaintiff's Motion for two reasons: 1) it is premature as no
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Defendant has yet been served, and 2) it is not necessary at this juncture for Plaintiff to file
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a Motion for Discovery. Once the proper Defendants are served, he can simply propound
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discovery on the Defendants consistent with the Federal Rules of Civil Procedure.
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Accordingly,
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IT IS ORDERED that Plaintiff's Motion for Discovery, doc. 17, is DENIED.

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Dated this 20th day of July, 2012.

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