Spearman v. Federal Bureau of Prisons et al

Filing 10

ORDER Denying 9 Plaintiff's Motion to Commence Discovery, signed by Magistrate Judge Stanley A Boone on 2/11/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TEDDY L. SPEARMAN,

CASE NO. 1:10-cv-02320-SAB (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO COMMENCE DISCOVERY

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v.
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(ECF No. 9)
FEDERAL BUREAU OF PRISONS, et al.,

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Defendants.
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Plaintiff Teddy L. Spearman (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
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pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau
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of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil
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rights by federal actors. Plaintiff filed his original complaint on November 29, 2010, which is
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currently pending screening pursuant to 28 U.S.C. § 1915A. (ECF No. 1.) On February 8, 2013,
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Plaintiff filed a motion to commence discovery pursuant to Federal Rules of Civil Procedure 26.
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(ECF No. 9.)
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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 14, 2010. (ECF No. 5.) In that order,
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Plaintiff was specifically informed that he may not conduct discovery until Defendants file an answer
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and the Court issues the discovery order.
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Accordingly, Plaintiff’s motion to commence discovery is hereby DENIED.
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IT IS SO ORDERED.
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Dated:
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February 11, 2013
UNITED STATES MAGISTRATE JUDGE

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