Cranford v. Wyatt

Filing 14

ORDER Denying Plaintiff's 11 Motion for Discovery, signed by Magistrate Judge Dennis L. Beck on 01/21/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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Case No. 1:14-cv-00136 DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY

v.
[ECF No. 11]

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KIM WYATT,

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Defendant.

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Plaintiff Archie Cranford (“Plaintiff”), a civil detainee proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 31, 2014.1
On October 17, 2014, Plaintiff filed a motion seeking to open discovery. Plaintiff is advised

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that the Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall

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dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a

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claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). In this case, the Court has

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Plaintiff consented to the jurisdiction of the Magistrate Judge on February 7, 2014.

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not yet screened the complaint, and service on Defendant has not yet been authorized. Therefore,
Plaintiff’s motion for discovery is premature.

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ORDER
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for discovery is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 21, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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