Blair v. CDCR et al

Filing 34

ORDER Denying Plaintiff's 33 Motion for Pretrial/Scheduling Conference, signed by Magistrate Judge Stanley A. Boone on 2/18/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY C. BLAIR,

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Plaintiff,

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v.
CDCR, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S MOTION FOR
PRETRIAL/SCHEDULING CONFERENCE
[ECF No. 33]

pursuant to 42 U.S.C. § 1983.
On February 16, 2016, Plaintiff filed a motion for the Court to conduct a pretrial/scheduling

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Case No.: 1:14-cv-01156-LJO-SAB (PC)

Plaintiff Perry C. Blair is appearing pro se and in forma pauperis in this civil rights action

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conference pursuant to Federal Rule of Civil Procedure 26. Plaintiff’s motion must be denied.
As stated in the Court’s First Informational Order issued July 30, 2014, “the Court will issue an

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order opening discovery and setting deadlines for completing discovery, amending the pleadings, and

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filing dispositive motions. No discovery may be initiated until the Court issues a discovery order or

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otherwise orders that discovery begin.” (ECF No. 4, Order at 4:16-18.)

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In this case, Defendants filed a pre-answer motion to dismiss on February 9, 2016, and

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therefore a discovery and scheduling order will not issue unless and until an answer is filed by

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Defendants. Accordingly, Plaintiff’s motion for a pretrial/scheduling conference is DENIED.

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IT IS SO ORDERED.

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Dated:

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February 18, 2016
UNITED STATES MAGISTRATE JUDGE

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