Cranford v. Allenby et al

Filing 7

ORDER DENYING 6 Plaintiff's Request to Open Discovery signed by Magistrate Judge Gary S. Austin on 10/31/2014. (Jessen, A)

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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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1:14-cv-01111-GSA-PC
ORDER DENYING PLAINTIFF=S
REQUEST TO OPEN DISCOVERY
(Doc. 6.)

vs.
ALLENBY, et al.,

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Defendants.

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I.

BACKGROUND

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Archie Cranford ("Plaintiff") is a civil detainee proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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July 16, 2014. (Doc. 1.) The Complaint awaits the court’s requisite screening under 28 U.S.C.

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§ 1915A.

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On July 31, 2014, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On October 17, 2014, Plaintiff filed a request to open discovery in this action. (Doc.
17.)
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II.

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DISCOVERY
Plaintiff seeks a court order commencing discovery in this action. Plaintiff asserts that

he filed the Complaint for this action two and a half years ago.

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Plaintiff filed the Complaint for this action less than four months ago. At this stage of

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the proceedings, Plaintiff’s Complaint awaits the court’s requisite screening process. Service

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of process shall not be initiated until the court has screened the Complaint and finds that

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Plaintiff states cognizable claims. Therefore, it is not time for discovery in this action, and

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Plaintiff’s request to open discovery at this stage of the proceedings shall be denied.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that

Plaintiff’s request to open

discovery, filed on October 17, 2014, is DENIED.

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IT IS SO ORDERED.
Dated:

October 31, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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