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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 OBIE CRISP, 8 Plaintiff, 9 10 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., 11 Defendants. 12 13 I. BACKGROUND 14 Obie Crisp ("Plaintiff") is a prisoner proceeding pro se in this civil rights action 15 pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on May 16 30, 2013. (Doc. 1.) On July 29, 2013, Plaintiff filed the First Amended Complaint, which 17 awaits the court’s requisite screening under 28 U.S.C. § 1915A. (Doc. 13.) 18 On June 24, 2013, Plaintiff consented to Magistrate Judge jurisdiction in this action 19 pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.) 20 Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of 21 California, the undersigned shall conduct any and all proceedings in the case until such time as 22 reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 23 On December 2, 2013, Plaintiff filed a request for the court to open discovery for this 24 action. 25 Government Claim. 26 II. (Doc. 17.) Plaintiff also requests status of his motion for leave to file a late DISCOVERY 27 Plaintiff requests a court order commencing discovery in this action. Plaintiff was 28 recently transferred to another correctional facility and expresses concern that the court has not 1 1 received his notice of change of address. Plaintiff also states that he is not aware of when 2 defendants were served. 3 Plaintiff is advised that the court received and filed his notice of change of address to 4 the California Health Care Facility on October 3, 2012. (Doc. 16.) Plaintiff is also advised that 5 the court will issue a scheduling order setting a schedule for discovery after the complaint has 6 been served and one of the defendants has filed an Answer to the complaint. At this stage of 7 the proceedings, Plaintiff’s complaint awaits the court’s requisite screening process. Service of 8 process shall not be initiated until the court has screened the complaint and finds that Plaintiff 9 states cognizable claims. Therefore, it is not time for discovery in this action, and Plaintiff’s 10 request to open discovery at this stage of the proceedings shall be denied. 11 III. REQUEST FOR STATUS 12 Plaintiff also requests the status of his motion for leave to file a late Government Claim. 13 Plaintiff is advised that his motion for leave to file a late Government Claim, filed on July 10, 14 2013, was denied by the court’s order of July 22, 2013. (Docs. 8, 11.) Plaintiff was served 15 with a copy of the July 22, 2013 order at his prior address-of-record at Wasco State Prison on 16 July 22, 2013. (Court Record.) 17 IV. CONCLUSION 18 Based on the foregoing, IT IS HEREBY ORDERED that: 19 1. 20 December 2, 2013, is DENIED; and 21 22 Plaintiff’s request to open discovery at this stage of the proceedings, filed on 2. Plaintiff=s request for status of his motion for leave to file a late Government Claim is RESOLVED by this order. 23 24 25 26 IT IS SO ORDERED. Dated: 27 28 December 4, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 2

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