Haney v. Hernandez et al

Filing 44

ORDER DENYING Plaintiff's 43 Motion to Compel as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 8/27/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MONTE L. HANEY

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CASE NO. 1:10-cv–02134-LJO-BAM PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL AS PREMATURE

v.
M. P. HERNANDEZ, et al.,

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(ECF No. 43)

Defendants.
/

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This action is currently proceeding on the first amended complaint, filed April 4, 2012,

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against Defendants Hernandez and Ruiz for violation of the Fourteenth Amendment. (ECF No. 31.)

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Defendants filed a motion to dismiss on July 3, 2012. (ECF No. 36.) On August 24, 2012, Plaintiff

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filed a motion to compel. (ECF No. 43.)

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As Plaintiff was notified via the first informational order, an order opening discovery is

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issued once an answer is filed. (ECF No. 18.) No discovery may be conducted, without permission

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from the Court, until an answer is filed and the Court issues an order opening discovery. Once

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Defendants have filed an answer a discovery and scheduling order will be issued opening discovery

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in this action. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel, filed

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August 24, 2012, is DENIED as premature.

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IT IS SO ORDERED.
Dated:
cm411

August 27, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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