Griffin v. Gonzales et al

Filing 15

ORDER DENYING Plaintiff's 13 Motion to take Depositions as Premature signed by Magistrate Judge Gary S. Austin on 1/26/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES GRIFFIN,

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Plaintiff,
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vs.
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FERNANDO GONZALES, et al.,
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Defendants.
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____________________________________)

1:11-cv-00210-AWI-GSA-PC
ORDER DENYING PLAINTIFF'S
MOTION TO TAKE DEPOSITIONS AS
PREMATURE
(Doc. 13.)

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Matthew James Griffin ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this

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action on January 28, 2011. (Doc. 1.) On December 14, 2011, Plaintiff filed a motion to take

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depositions. (Doc. 13.)

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Plaintiff's motion is premature because depositions may not be conducted until after discovery

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has been opened, and discovery has not been opened in this action. The Court shall issue a Scheduling

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Order opening discovery after one or more of the defendants has filed an answer to the complaint.

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However, first the Court must determine that Plaintiff's complaint contains cognizable claims for relief

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against the named defendants, and the complaint must be served on the defendants.1 After the complaint

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has been served and one or more of the defendants has filed an answer, the Court shall issue the

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Scheduling Order opening discovery.

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The Court will, sua sponte, direct the United States Marshal to serve the complaint after the Court has screened
the complaint and determined that it states a cognizable claim.

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The Court dismissed Plaintiff's complaint on January 10, 2012, for failure to state a claim, with

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leave to file an amended complaint. (Doc. 14.) At this stage of the proceedings, Plaintiff must file an

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amended complaint before the case can proceed. Thus, it is premature for Plaintiff to conduct

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depositions, and Plaintiff's motion shall be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion to conduct
depositions, filed on December 14, 2011, is DENIED as premature.

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IT IS SO ORDERED.

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Dated:
6i0kij

January 26, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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