Woods v. Adams et al

Filing 14

ORDER DENYING 12 Plaintiff's Motion for Expert Witness signed by Magistrate Judge Dennis L. Beck on 1/9/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS, II,

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Plaintiff,
v.
DARRELL ADAMS, et al.,

Case No. 1:13-cv-00621 AWI DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR EXERT WITNESS
(Document 12)

Defendants.

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Plaintiff Earnest Cassell Woods, II (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action. Plaintiff filed this action on April 29, 2013. Pursuant to

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Court order, Plaintiff filed a First Amended Complaint on January 6, 2014. The complaint is

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awaiting screening pursuant to 28 U.S.C. § 1915A(a).

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On January 6, 2014, Plaintiff filed a Motion for Expert Witnesses in which he asks that the
Court appoint an expert for his medical claims.

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The discovery phase of this litigation is not yet open. Plaintiff is directed to paragraph eight

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of the court’s First Informational Order, filed on April 30, 2013. The Court explained that Plaintiff

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may not conduct discovery until Defendants file an answer and the Court issues the discovery order.

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In this case, Plaintiff’s First Amended Complaint has not yet been screened and it is not

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known whether he can state a claim for which relief may be granted. Therefore, any motions related

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to discovery and/or the appointment of an expert witness are premature.

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Accordingly, Plaintiff’s Motion for Expert Witness is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 9, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

9b0hied

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