Archie Cranford v. Ceballos

Filing 10

ORDER DENYING without prejudice, Plaintiff's Motion for Discovery as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2014. (Martin-Gill, S)

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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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v.
VANESSA CEBALLOS,

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Defendant.

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Case No. 1:14-cv-01101-BAM
ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY AS PREMATURE
(ECF No. 9)

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

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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February 18, 2014. (ECF No. 1.)

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On October 17, 2014, Plaintiff filed the instant motion for discovery. (ECF No. 9.)

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Plaintiff’s motion for discovery is premature and shall be denied without prejudice. The

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Court has not screened Plaintiff’s complaint to determine whether it is subject to dismissal or

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whether the action should proceed to discovery on Plaintiff’s claims. 28 U.S.C. §

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1915(e)(2)(B)(ii) (“Notwithstanding any filing fee, or any portion thereof, that may have been

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paid, the court shall dismiss the case at any time if the court determines that ... the action or

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appeal ... fails to state a claim upon which relief may be granted.”) The complaint has not been

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ordered served, no defendants have appeared and discovery has not been opened. Plaintiff’s

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complaint will be screened in due course.

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Accordingly, Plaintiff’s motion for discovery is HEREBY DENIED, without prejudice,

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as premature.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 20, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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