Dews v. County of Kern et al

Filing 11

ORDER Denying Plaintiff's 8 Motion to Compel signed by Magistrate Judge Michael J. Seng on 06/13/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLARENCE LEON DEWS,

1:12-cv-0245-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL

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Plaintiff,
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v.

(ECF No. 8)

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COUNTY OF KERN, et al.,
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Defendants.
_____________________________/
Plaintiff Clarence Leon Dews (“Plaintiff”) is a prisoner proceeding pro se in a civil
rights action pursuant to 42 U.S.C. § 1983.

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Plaintiff initiated this action on February 21, 2012 and the Court has yet to screen

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Plaintiff’s Complaint. On March 19, 2012, Plaintiff filed a motion asking for permission to

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serve interrogatories and an order compelling Defendants to respond.

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The Court’s First Informational Order, which was issued to Plaintiff after he filed his

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Complaint, specifically states, “No discovery may be conducted without court permission

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until an answer is filed and the court issues the discovery order.” (emphasis in original)

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(ECF No. 3.) Only once the Complaint has been served and if Defendants file an answer

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will the Court issue a discovery and scheduling order, providing the parties with time in

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which to conduct discovery.
Plaintiff’s motion (ECF No. 8) is premature at this time and is DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

June 13, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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