Trujillo v. Munoz

Filing 15

ORDER Denying 14 Motion to Proceed with Discovery and Schedule Trial, signed by Magistrate Judge Gary S. Austin on 3/18/15. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 1:14-cv-01215-GSA-PC GUILLERMO CRUZ TRUJILLO, 12 Plaintiff, 13 vs. 14 ORDER DENYING REQUEST TO PROCEED WITH DISCOVERY AND SCHEDULE TRIAL (Doc. 14.) C/O MUNOZ, 15 Defendant. 16 17 Guillermo Cruz Trujillo (APlaintiff@) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint 19 commencing this action on August 4, 2014. (Doc. 1.) On August 22, 2014, Plaintiff consented 20 to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). (Doc. 5.) On January 14, 21 2015, the court issued an order dismissing the Complaint for failure to state a claim, with leave 22 to amend. (Doc. 10.) On January 28, 2015, Plaintiff filed the First Amended Complaint, which 23 awaits the court’s requisite screening. (Doc. 11.) 24 On March 16, 2015, Plaintiff filed a request to proceed with discovery and schedule the 25 trial for this action. (Doc. 14.) Plaintiff discusses his efforts to obtain records from the prison, 26 and requests a form for issuance of a subpoena. 27 Plaintiff is advised that the court will issue a scheduling order opening discovery after 28 the complaint has been served and the defendant has filed an Answer to the complaint. At this 1 1 stage of the proceedings, Plaintiff’s First Amended Complaint awaits the court’s requisite 2 screening process. Service of process shall not be initiated until the court has screened the 3 complaint and finds that Plaintiff states cognizable claims. 4 discovery in this action, and Plaintiff’s request to proceed with discovery at this stage of the 5 proceedings shall be denied. Therefore, it is not time for 6 Ordinarily, a trial is not scheduled in a case until after discovery has been completed 7 and any pretrial dispositive motions have been resolved. Thus, it is premature to schedule a 8 trial date for this action. Therefore, Plaintiff’s request for a trial date shall be denied. 9 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request to 10 commence discovery and schedule a trial date for this action, filed on March 16, 2015, is 11 DENIED. 12 13 14 15 IT IS SO ORDERED. Dated: March 18, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?