Jackson v. Yates et al

Filing 36

ORDER DENYING 35 Motion for Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 9/24/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CURTIS RENEE JACKSON,

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Plaintiff,

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CASE NO. 1:11-cv–00080-LJO-BAM PC
ORDER DENYING MOTION FOR
SCHEDULING ORDER

v.
Y. A. YATES, et al.,

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(ECF No. 35)
Defendants.
/

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Plaintiff Curtis Renee Jackson is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s second

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amended complaint, filed May 7, 2012, against Defendant Mendez for excessive force and

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Defendants Daley, Samonte, Nichols, Valdez, and Gonzales for failure to intervene. On June 7,

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2012, an order issued directing the United States Marshal to serve the second amended complaint.

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Plaintiff filed a motion on September 21, 2012, requesting a scheduling order be issued to open

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discovery.

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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. 3, ¶ 8.) Currently, no defendant has filed an answer or

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other responsive pleading. Accordingly, Plaintiff’s motion for a scheduling order is be issued, filed

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September 21, 2012, is HEREBY DENIED as premature.

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IT IS SO ORDERED.
Dated:

September 24, 2012

/s/ Barbara A. McAuliffe
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cm411

UNITED STATES MAGISTRATE JUDGE

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