Silva v. Worth et al

Filing 62

ORDER DENYING Without Prejudice 60 Plaintiff's Motion for Early Discovery and ORDER Disregarding As Moot 61 Plaintiff's Motion Regarding Court-Supervised Settlement Conference signed by Magistrate Judge Sheila K. Oberto on 5/15/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY SILVA,

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Case No. 1:16-cv-01131-LJO-SKO (PC)

Plaintiff,

Defendant.

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(Docs. 60, 61)

v.

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ORDER ON PLAINTIFF’S MOTIONS
FOR EARLY DISCOVERY AND FOR
COURT-SUPERVISED SETTLEMENT
CONFERENCE

WORTH,

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Plaintiff, Anthony Silva, is a state inmate proceeding pro se and in forma pauperis in this

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civil rights action under 42 U.S.C. § 1983. On May 13, 2019, Plaintiff filed a document titled as

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a motion in which he inquires “to see if there be (sic) participate in the pre-designated settlement

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(sic) that is for Date (sic) June 2019.” (Doc. 61.) On that same date, Plaintiff also filed a motion

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seeking to open discovery and to compel Defendants to produce “Video Evidence Viewing of

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Incident-Log No.# 14-FC-11-071,” and “copies of document’s (sic) that is in the Court Judge

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(sic) office.”1 (Doc. 60.)
This case is currently set for a settlement conference on June 7, 2019, before Magistrate

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Judge Stanley A. Boone, and a writ has issued to ensure Plaintiff’s attendance. (Doc. 57, 58.)

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The Court has no documents related to this case other than as reflected on the docket.

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Plaintiff’s motion for an order regarding that settlement conference is therefore moot. If the case

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does not settle, a Discovery and Scheduling Order will issue which will open discovery, thereby

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allowing Plaintiff to propound discovery on Defendant. Since discovery has not yet opened in

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this case, Plaintiff’s motion to compel is premature.

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Accordingly, it is HEREBY ORDERED, that Plaintiff's motion regarding court-

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supervised settlement conference, filed on May 13, 2019, (Doc. 61), is disregarded as moot and

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Plaintiff’s motion to compel discovery, filed on May 13, 2019, (Doc. 60), is denied without

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prejudice as it is premature.

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IT IS SO ORDERED.

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Dated:

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May 15, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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