Zavala v. Rios et al

Filing 18

ORDER Denying Plaintiff's Motion for Initial Disclosures 17 , signed by Magistrate Judge Sandra M. Snyder on 5/2/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAUL SANCHEZ ZAVALA,

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CASE NO. 1:09-cv-00679-SMS PC

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR INITIAL DISCLOSURES

v.
(ECF No. 17)

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HECTOR RIOS, et al.,

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Defendants.
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Plaintiff Raul Sanchez Zavala (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal

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Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of

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civil rights by federal actors. Plaintiff filed a second amended complaint on June 10, 2010, which

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is pending screening. On March 24, 2011, Plaintiff filed a motion for initial disclosures pursuant

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to Federal Rules of Civil Procedure 26.

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The discovery phase of this litigation is not yet open. Plaintiff is directed to paragraph eight

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of the Court’s First Informational Order, filed April 17, 2009. In that order, Plaintiff was specifically

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informed that he may not conduct discovery until Defendants file an answer and the Court issues the

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discovery order. Additionally, Federal Rule of Civil Procedure exempts from initial disclosure “an

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action brought without an attorney by a person in the custody of the Untied States.” Fed. R. Civ.

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Proc. 26(a)(1)(B).

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for initial disclosures is
DENIED.

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IT IS SO ORDERED.
Dated:
cm411

May 2, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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