Hamilton v. Wasco State Prison, et al.

Filing 65

ORDER denying 64 Motion for discovery for case resolution signed by Magistrate Judge Stanley A. Boone on 1/4/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT J. HAMILTON,

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Plaintiff,

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v.

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CLENDEHEN,

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Defendant.

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Case No.: 1:15-cv-00661-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
DISCOVERY FOR CASE RESOLUTION
[ECF No. 64]

Plaintiff Albert J. Hamilton is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on May 28, 2015. Local Rule 302. Defendant has not consented

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or declined to United States Magistrate Judge jurisdiction.

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Currently before the Court is Plaintiff’s motion entitled “discovery for case resolution,” filed

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January 3, 2017. Plaintiff requests that the Court issue an “order for discovery for case resolution that

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Plaintiff was a victim of a crime” and that Defendant Clendehen is liable under the United States

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Constitution. Plaintiff’s motion must be denied.

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Plaintiff is advised that he bears the burden of proof in proving the allegations in this case, and

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Defendant must be provided the opportunity to defend against the allegations by way of filing a

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dispositive motion, if so desired. In this case, on May 19, 2016, Defendant filed a pre-answer motion

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to dismiss the complaint on the ground that the allegations failed to give rise to a cognizable claim for
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relief. On November 7, 2016, the undersigned issued Findings and Recommendations recommending

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that Defendant’s motion to dismiss be denied. If the Findings and Recommendations are adopted in

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full by the district judge, then Defendant will be directed to file a further response to the complaint. If

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and when an answer is filed to the complaint, the Court will issue a discovery and scheduling order

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opening discovery and setting for the deadlines for filing further dispositive motions. Accordingly,

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Plaintiff’s motion for resolution of the instant case is DENIED.

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IT IS SO ORDERED.

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Dated:

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January 4, 2017
UNITED STATES MAGISTRATE JUDGE

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