Love v. Yates et al

Filing 13

ORDER Denying Plaintiff's Motions For Discovery As Premature (ECF No. 12 ), signed by Magistrate Judge Sandra M. Snyder on 5/16/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARL R. LOVE,

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CASE NO. 1:10-cv-02304-SMS PC
Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTIONS
FOR DISCOVERY AS PREMATURE

v.
(ECF No. 12)

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JAMES A YATES, et al.,

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Defendants.
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Plaintiff Carl R. Love (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On December 10, 2010, Plaintiff filed a

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complaint which is currently pending screening. (ECF No. 1.) On March 23, 2011, Plaintiff filed

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a motion to compel discovery. (ECF No. 12.)

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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 December 13, 1010. In that order, Plaintiff was

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

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Court issues the discovery order. Accordingly, it is HEREBY ORDERED that Plaintiff’s motion

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to compel, filed March 23, 2011, is DENIED as premature.

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IT IS SO ORDERED.
Dated:
cm411

May 16, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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