Gray v. Johnson et al

Filing 165

ORDER DENYING 159 & 163 Plaintiff's Motion to Extend Discovery and 162 Supplement Complaint as Premature, Without Prejudice signed by Magistrate Judge Gary S. Austin on 2/3/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-01473-DAD-GSA-PC

DANA GRAY,

ORDER DENYING PLAINTIFF’S
MOTIONS TO EXTEND DISCOVERY
AND SUPPLEMENT COMPLAINT AS
PREMATURE, WITHOUT PREJUDICE

Plaintiff,
vs.
ROMERO, et al.,

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(ECF Nos. 159, 162, 163.)

Defendants.

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Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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This case now proceeds on Plaintiff’s Fourth Amended

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pursuant to 42 U.S.C. ' 1983.

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Complaint filed on September 21, 2015, against defendants Dr. V. Romero, Dr. A. Comelli,

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FNP N. Loadholt, Dr. C. Rebel, John Ziomek, DPM, and Dr. V. Mundunuri, on Plaintiff’s

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medical claim under the Eighth Amendment. (ECF No. 45.) This case is now in the discovery

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phase.

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On April 29, 2016, defendant Rebel filed a motion to dismiss the claims against him as

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barred by the statute of limitations.

(ECF No. 57.)

On August 31, 2016, defendants

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Mundunuri and Ziomek filed a motion for judgment on the pleadings based on Plaintiff’s

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failure to exhaust administrative remedies. (ECF No. 122.) These two motions are pending.

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On January 26, 2017, and February 1, 2017, Plaintiff filed two motions for a ninety-day

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extension of the discovery deadline, and a motion for leave to supplement the complaint. (ECF
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Nos. 159, 162, 163.)

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renewing them at a later stage of the proceedings. Until a final ruling is made on defendant

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Rebel’s motion to dismiss and defendants Mundunuri and Ziomek’s motion for judgment on

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the pleadings, Plaintiff may not amend or supplement the complaint, and Plaintiff’s motion to

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extend discovery shall not be considered at this time.

These motions are premature and shall be denied without prejudice to

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Therefore, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motions

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to extend the discovery deadline and supplement the complaint, filed on January 26, 2017, and

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February 1, 2017, are DENIED as premature, without prejudice.

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IT IS SO ORDERED.
Dated:

February 3, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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