Cranford v. Risley

Filing 23

ORDER denying 22 Motion for Discovery Time Table signed by Magistrate Judge Dennis L. Beck on 5/24/2016. (Lundstrom, T)

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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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Case No. 1:15-cv-00949 LJO DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR DISCOVERY TIME TABLE

v.
(Document 22)

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DR. RISLEY,

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Defendant.

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Plaintiff Archie Cranford (“Plaintiff”), a civil detainee proceeding pro se and in forma

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pauperis, filed this civil rights action on June 24, 2015.
On February 25, 2016, the Court dismissed his First Amended Complaint with leave to

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amend. Plaintiff filed his Second Amended Complaint on March 8, 2016.

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On May 18, 2016, the Court screened his Second Amended Complaint and issued Findings

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and Recommendations that the action be dismissed for failure to state a claim. Plaintiff’s time for

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filing objections has not yet passed.

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On May 23, 2016, Plaintiff filed his third motion requesting discovery. As the Court has

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previously explained to Plaintiff, discovery does not open until a plaintiff states a cognizable claim

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for relief and a defendant files an answer. In this case, Findings and Recommendations are pending

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to dismiss the action, meaning that unless the Court declines to adopt the Findings and

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Recommendations, this action will be dismissed without the commencement of discovery.

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Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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