Robinson v. Adams, et al.

Filing 31

ORDER DENYING 26 Motion for Leave to Conduct Discovery as Premature signed by Magistrate Judge Gary S. Austin on 7/8/2009. (Sant Agata, S)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i0d3h8 28 1 This is a civil action filed pursuant to 42 U.S.C. § 1983 and California tort law by Plaintiff George H. Robinson, a state prisoner proceeding pro se. This action was removed from Kings County Superior Court on September 11, 2008, by Defendants Adams, David, Melo, Martinez, Ruiz, Miranda, Mendoza, and Masiel. 28 U.S.C. § 1441. On March 13, 2009, Plaintiff filed a motion seeking leave to conduct discovery. The discovery phase of this litigation will not commence until the pleadings are quiet and Defendants file an answer. (Doc. 3, First Info. Order, ¶8.) Once the answer is filed, the Court will issue an order opening discovery and setting scheduling deadlines. (Id.) Until that occurs, discovery may not be conducted. (Id.) Accordingly, Plaintiff's motion for leave to conduct discovery, filed March 13, 2009, is HEREBY DENIED as premature. IT IS SO ORDERED. Dated: v. (Doc. 26) D. G. ADAMS, et al., Defendants. / GEORGE H. ROBINSON, Plaintiff, CASE NO. 1:08-cv-01380-AWI-GSA PC ORDER DENYING MOTION FOR LEAVE TO CONDUCT DISCOVERY AS PREMATURE

UNITED STATES DISTRICT COURT

July 8, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE