Mitchell v. Gipson et al

Filing 43

ORDER Regarding Plaintiff's 42 Request for Discovery and Briefing Schedule signed by Magistrate Judge Dennis L. Beck on 7/15/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY M. MITCHELL,
Plaintiff,

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vs.
CONNIE GIPSON, et al.,

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Defendants.

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1:12cv00469 LJO DLB PC
ORDER REGARDING PLAINTIFF’S
REQUEST FOR DISCOVERY AND
BRIEFING SCHEDULE
(Document 42)

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Plaintiff Henry M. Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 28 U.S.C. § 1983. On February 27, 2015, the Ninth Circuit reversed in

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part this Court’s dismissal to the extent that Plaintiff seeks injunctive and declaratory relief.

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On June 30, 2015, the Court ordered Defendants to file a response.

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On July 13, 2015, Plaintiff filed a document entitled, “Request for Full Briefing and

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Discovery Schedule.” ECF No. 42. However, as the Court explained in the First Informational
Order, ECF No. 4, the Court will not open discovery until Defendants have filed an answer.
Defendants have not yet filed an answer and Plaintiff’s request is therefore DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

July 15, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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