King v. Holland et al

Filing 37

ORDER DENYING 35 Plaintiff's Motion Requesting Order Opening Discovery and Setting Deadlines signed by Magistrate Judge Barbara A. McAuliffe on 4/12/2017. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RASHAD KING,

12

Plaintiff,

13
14

Case No. 1:15-cv-01885-BAM (PC)

v.

ORDER DENYING PLAINTIFF’S MOTION
REQUESTING ORDER OPENING
DISCOVERY AND SETTING DEADLINES
AS MOOT

S. HOLLAND, et al.,
(ECF No. 35)

15

Defendants.

16
17
Plaintiff Rashad King (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18
19

pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds on

20

Plaintiff’s Eighth Amendment claims against Defendants Duncan, Holland, Solis, and Tingley.1
On April 10, 2017, Plaintiff filed the instant motion requesting the Court to issue an order

21
22

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

23

dispositive motions. (ECF No. 35.)
On March 28, 2017, the Court issued a Discovery and Scheduling Order setting deadlines

24
25

for discovery, amending the pleadings, and filing dispositive motions. (ECF No. 30.)

26

///

27
1

28

Defendant Solis has not yet been served with the summons and complaint in this matter. Service by the United States Marshal
was returned unexecuted for the second time on April 10, 2017. The Court will address this matter by separate order.

1

1
2

Accordingly, Plaintiff’s motion requesting the Court to issue an order opening discovery
and setting deadlines (ECF No. 35) is HEREBY DENIED as moot.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Barbara

April 12, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2