Dews v. County of Kern et al

Filing 36

ORDER Denying Plaintiff's Miscellaneous 31 32 34 Motions signed by Magistrate Judge Michael J. Seng on 03/11/2014. (Flores, E)

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im

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,

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Case No. 1:12-cv-0245-AWI-MJS
ORDER DENYING PLAINTIFF’S
MISCELLANEOUS MOTIONS

Plaintiff,
v.

(ECF Nos. 31, 32, 34)
COUNTY OF KERN, et al.,
Defendants.

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Plaintiff Clarence Leon Dews (“Plaintiff”) is a state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. §1983.
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Plaintiff initiated the case on February 21, 2012.
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(ECF No. 1.)

The Court

screened Plaintiff’s original Complaint and dismissed it, with leave to amend, for failure

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to state a claim. (ECF No. 13.) Plaintiff has since filed a First Amended Complaint but
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it has not yet been screened. (Am. Compl., ECF No. 18.)
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The Court has not yet determined whether Plaintiff’s action contains a cognizable

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claim. The Court has not ordered service or authorized discovery. No other parties
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have appeared.
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Plaintiff has filed several motions with the Court: a motion for discovery (ECF
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1 No. 30); a motion for subpoenas (ECF No. 32); and a motion demanding “compliance
2 of ex post facto” and “enforcement of res judicata.” (ECF No. 34.)
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Plaintiff’s motions for discovery and subpoenas (ECF Nos. 30, 32) are

4 premature. At this stage of the proceedings, the Court has not found that Plaintiff has
5 stated a cognizable claim.

It has not authorized or ordered service.

In its First

6 Informational Order, the Court informed Plaintiff that discovery would only open after
7 Defendants file an answer.

(ECF No. 3.)

Plaintiff’s motions for discovery are

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Plaintiff’s motion for ex post facto and res judicata relief is incomprehensible and

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Accordingly, Plaintiff’s motions for miscellaneous relief (ECF Nos. 31, 32, 34) are

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IT IS SO ORDERED.
Dated:

March 11, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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