Arviso v. Fresno County Sheriff Department et al

Filing 19

ORDER DENYING 18 Motion for Discovery, signed by Magistrate Judge Michael J. Seng on 04/26/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENNY ANGEL ARVISO,

CASE NO. 1:13-cv-0469-MJS (PC)

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Plaintiff,

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ORDER
DENYING
DISCOVERY

MOTION

FOR

v.
(ECF No. 18)
FRESNO COUNTY SHERIFF
DEPARTMENT, et al.,

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Defendants

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 28 U.S.C. § 1983. Plaintiff consented to Magistrate

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Judge jurisdiction.

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Plaintiff’s Second Amended Complaint was dismissed for failure to state a claim

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based on statute of limitations grounds. (ECF No. 14.) The Court found that Plaintiff’s

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action was untimely, and on July 9, 2014 the case was dismissed without leave to

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amend. (ECF Nos. 14 & 15.) On April 1, 2015, the Court denied Plaintiff’s Motion for

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Reconsideration. (ECF No. 16.) Before the Court is Plaintiff’s motion for discovery.

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(ECF No. 18.)

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Plaintiff seeks discovery pursuant to “1045” to assist him in filing a second motion

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for reconsideration. (ECF No. 18.) It is unclear what rule or authority Plaintiff relies on to
support his request for discovery. In any event, judgment was entered in this matter,
and the case was closed on July 9, 2014. (ECF Nos. 14 & 15.), Plaintiff is not entitled to
discovery.
Based on the foregoing, Plaintiff’s motion for discovery (ECF No. 18) is HEREBY
DENIED.

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IT IS SO ORDERED.

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Dated:

April 26, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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