Thornton v. Grissom et al

Filing 64

ORDER denying 59 Motion to Compel signed by Magistrate Judge Michael J. Seng on 1/18/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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Plaintiff,

CASE No. 1:16-cv-0498-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL

v.
(ECF NO. 59)
D. GRISSOM, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. This matter proceeds on Plaintiff’s First Amended

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Complaint alleging an Eighth Amendment excessive force claim against Defendant

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Correctional Officer (“CO”) Grissom and an Eighth Amendment failure to protect claim

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against Defendant CO Cruz. Defendants have not yet filed an answer. They did file a

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motion to dismiss that was denied. (See ECF No. 60.)

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Plaintiff’s recently-filed motion to compel reflects he has already served discovery

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requests on Defendants and now moves to compel responses. As Defendants rightly

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point out, though, this discovery was improperly served. In the Court’s April 11, 2016,

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“First Informational Order in Prisoner / Civil Detainee Civil Rights Cases,” Plaintiff was

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informed that “After defendants’ answers are filed, the Court will issue an order opening

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discovery and setting deadlines for completing discovery…. No discovery may be

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initiated until the Court issues a discovery order or otherwise orders that discovery

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begin.” (ECF No. 2 at 4 ¶ V.A.)

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Since Defendants have not yet filed an answer and since no discovery order has

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yet issued to open discovery, IT IS HEREBY ORDERED that Plaintiff’s motion to compel

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(ECF No. 59) is DENIED.

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IT IS SO ORDERED.
Dated:

January 18, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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