Palmer v. Berkson, et al.

Filing 16

ORDER denying 15 Motion to conduct discovery signed by Magistrate Judge Michael J. Seng on 12/26/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILL MOSES PALMER, III,

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Plaintiff,

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v.
DR. RICHARD P. BERKSON, et al.,

Case No. 1:11-cv-01882-LJO-MJS (PC)
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO CONDUCT
DISCOVERY
(ECF No. 15)

Defendants.

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Plaintiff Will Moses Palmer III is a state prisoner proceeding pro se in this civil rights

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action filed November 14, 2011 pursuant to 42 U.S.C. § 1983. The complaint was screened

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and found to state a due process claim against Defendants Clement and Huang, but all

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other Defendants have been dismissed. (ECF No. 11.) Defendants Clement and Huang

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have not been served.

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Before the Court is Plaintiff’s motion for authority to conduct discovery. The motion is

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premature. Defendants have not appeared in this action. No discover may be conducted

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

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Accordingly, it is HEREBY ORDERED THAT Plaintiff’s motion for authority to
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conduct discovery (ECF No. 15) is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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Dated:

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December 26, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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