Denton v. Pulido et al
Filing
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ORDER on Plaintiff's Motion 3 , signed by District Judge Anthony W. Ishii on 9/19/13: Motion is DENIED without prejudice as premature; This matter is referred to the Magistrate Judge for further proceedings. (Hellings, J)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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OFFICER PULIDO, et al.,
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Defendants.
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____________________________________)
BRYAN DENTON,
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1:13-CV-0017 AWI BAM
ORDER ON PLAINTIFF’S
MOTION
(Doc. No. 3)
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Plaintiff Bryan Denton (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 4, 2013,
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Plaintiff filed a document entitled, “Notice of Motion To Request A Exseption [sic] From The
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11th Amendment: For Off Pulido To Be Placed Under Individual Capacity Status.” See Doc.
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No. 3.
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A review of Plaintiff’s motion shows that Plaintiff is requesting discovery and clarifying
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that he is bringing suit against Defendant Pulido in Pulido’s individual capacity. See id. Plaintiff
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has been granted in forma pauperis status, but his complaint has yet to be screened. Because
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Plaintiff’s complaint has yet to be screened, there has been no determination concerning the
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validity of any claims alleged against Defendant Pulido. Further, until the complaint has been
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screened, Plaintiff’s request for discovery is premature.
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In order to resolve Plaintiff’s motion, the Court will deny any requests for discovery as
premature. This denial will be without prejudice to refiling a motion for discovery if it is
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determined that Plaintiff has stated viable claims in his complaint. Further, the Court will refer
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Plaintiff’s complaint to the Magistrate Judge for screening with the understanding/clarification
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that Plaintiff is proceeding against Defendant Pulido in Pulido’s individual capacity.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff’s request for discovery is DENIED without prejudice as premature;
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2.
Plaintiff’s complaint shall be construed as alleging claims against Defendant Pulido in
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Pulido’s individual capacity; and
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This matter is referred to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
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Dated:
0m8i78
September 19, 2013
SENIOR DISTRICT JUDGE
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