Cranford v. Dirige et al

Filing 13

ORDER DENYING Plaintiff's 12 Motion for Discovery as Premature signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2014. (Sant Agata, 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.
TERESSITA DIRIGE, et al.,

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Defendants.

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Case No. 1:14-cv-01101-BAM
ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY AS PREMATURE
(ECF No. 12)

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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. On October 7, 2014, the Court dismissed Plaintiff’s complaint

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with leave to file an amended complaint within thirty days. (ECF No. 11.) On October 17,

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2014, Plaintiff filed the instant motion for discovery. (ECF No. 12.)

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

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this time, there is no operative complaint on file, no defendants have been ordered served and

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discovery has not been opened in this matter. If Plaintiff files an amended complaint, it will be

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screened in accordance with 28 U.S.C. § 1915(e).

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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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