Kandi v. Management and Training Corporation et al

Filing 7

ORDER DENYING Plaintiff's Motion for Service of Complaint, Motion to Compel, and Motion for Permission to Serve Witness Requests and Interrogatories as Premature 3 , 4 , 5 , signed by Magistrate Judge Barbara A. McAuliffe on 6/10/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMIEL A. KANDI,

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Plaintiff,
v.
MANAGEMENT AND TRAINING
CORPORATION, et al.,
Defendants.

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1:16-cv-00794-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE OF COMPLAINT, MOTION
TO COMPEL, AND MOTION FOR
PERMISSION TO SERVE WITNESS
REQUESTS AND INTERROGATORIES,
AS PREMATURE
(ECF Nos. 3, 4, 5)

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Plaintiff Emiel A. Kandi (“Plaintiff”) is a federal prisoner proceeding pro se in this civil

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action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

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U.S. 388, 91 S. Ct. 1999 (1971). Plaintiff initiated this action on June 8, 2016. That same day,

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Plaintiff filed (1) a motion for service of his complaint (ECF No. 3); (2) a motion to compel

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certain discovery (ECF No. 3); and (3) a motion to permit service of certain discovery requests

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(ECF No. 5.)

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Plaintiff’s motions for service and discovery-related matters are premature, and shall be

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denied without prejudice. The Court is required to screen complaints brought by prisoners

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seeking relief against a governmental entity or officer or employee of a governmental entity. 28

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U.S.C. § 1915A(a). The Court will direct service of process only after Plaintiff’s complaint has

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been screened and found to state cognizable claims for relief. Once the complaint is screened and

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found to have stated a cognizable claim against any defendant, a copy of the complaint will be
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sent to Plaintiff with service documents. Since no complaint has been ordered served and no

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defendants have appeared, discovery is also not yet opened. Plaintiff is advised that his

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complaint will be screened in due course.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for service (ECF No. 3),

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motion to compel (ECF No. 4), and motion for permission to serve discovery (ECF No. 5), are

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DENIED without prejudice, as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 10, 2016

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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