Garcia v. Balagso et al

Filing 36

ORDER denying 34 Motion for Discovery signed by Magistrate Judge Sandra M. Snyder on 5/25/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO GARCIA,
Plaintiff,

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Case No. 1:14-cv-00999 DLB
ORDER REGARDING PLAINTIFF’S
MOTION FOR DISCOVERY

v.
(Document 34)

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BALAGSO, et al.,

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Defendants.
_____________________________________/

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Plaintiff Alejandro Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June
18 2, 2014, in the United States District Court for the Southern District of California. The action was
19 transferred to this Court on June 24, 2014.
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Pursuant to Court order, Plaintiff filed a First Amended Complaint on March 6, 2015. The

21 action is proceeding against Defendant Purdy for violation of the Eighth Amendment.
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Defendant Purdy’s March 15, 2016, motion to dismiss is pending.

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On May 23, 2016, Plaintiff filed a “motion for discovery to obtain appeal inquiry.” He

24 seeks a Second Level response dated October 17, 2013.
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Plaintiff is advised that discovery has not yet opened in this action. As explained in the

26 informational order, the Court will open discovery after Defendant has filed an answer. In this
27 action, Defendant has filed a motion to dismiss and has not yet answered the complaint. The
28 Court’s ruling on the pending motion will dictate whether Defendant files an answer.

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Plaintiff is also advised that he may attempt to obtain a copy of his appeal through prison

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Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.
Dated:

May 25, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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