Crisp v. Wasco State Prison et al

Filing 18

ORDER Denying Plaintiff's 17 Request to Open Discovery; ORDER Resolving Plaintiff's Request for Status signed by Magistrate Judge Gary S. Austin on 12/04/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE CRISP,

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Plaintiff,

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1:13-cv-00816-GSA-PC
ORDER DENYING PLAINTIFF=S
REQUEST TO OPEN DISCOVERY
(Doc. 17.)

vs.

ORDER RESOLVING PLAINTIFF’S
REQUEST FOR STATUS

WASCO STATE PRISON, et al.,

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Defendants.

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I.

BACKGROUND

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Obie Crisp ("Plaintiff") is a prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on May

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30, 2013. (Doc. 1.) On July 29, 2013, Plaintiff filed the First Amended Complaint, which

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awaits the court’s requisite screening under 28 U.S.C. § 1915A. (Doc. 13.)

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On June 24, 2013, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On December 2, 2013, Plaintiff filed a request for the court to open discovery for this

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action.

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Government Claim.

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II.

(Doc. 17.)

Plaintiff also requests status of his motion for leave to file a late

DISCOVERY

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Plaintiff requests a court order commencing discovery in this action. Plaintiff was

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recently transferred to another correctional facility and expresses concern that the court has not
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received his notice of change of address. Plaintiff also states that he is not aware of when

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defendants were served.

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Plaintiff is advised that the court received and filed his notice of change of address to

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the California Health Care Facility on October 3, 2012. (Doc. 16.) Plaintiff is also advised that

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the court will issue a scheduling order setting a schedule for discovery after the complaint has

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been served and one of the defendants has filed an Answer to the complaint. At this stage of

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the proceedings, Plaintiff’s complaint awaits the court’s requisite screening process. Service of

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process shall not be initiated until the court has screened the complaint and finds that Plaintiff

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states cognizable claims. Therefore, it is not time for discovery in this action, and Plaintiff’s

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request to open discovery at this stage of the proceedings shall be denied.

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III.

REQUEST FOR STATUS

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Plaintiff also requests the status of his motion for leave to file a late Government Claim.

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Plaintiff is advised that his motion for leave to file a late Government Claim, filed on July 10,

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2013, was denied by the court’s order of July 22, 2013. (Docs. 8, 11.) Plaintiff was served

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with a copy of the July 22, 2013 order at his prior address-of-record at Wasco State Prison on

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July 22, 2013. (Court Record.)

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IV.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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December 2, 2013, is DENIED; and

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Plaintiff’s request to open discovery at this stage of the proceedings, filed on

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Plaintiff=s request for status of his motion for leave to file a late Government

Claim is RESOLVED by this order.

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IT IS SO ORDERED.
Dated:

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December 4, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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