Baker v. German, et al.

Filing 22

ORDER Denying, without Prejudice, Plaintiff's 21 Motion for Discovery as Premature signed by Magistrate Judge Stanley A. Boone on 05/25/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOMINIQUE D. BAKER,

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Plaintiff,
v.
HUMBERTO GERMAN, et al.,
Defendants.

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Case No.: 1:16-cv-01873-AWI-SAB (PC)
ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION FOR DISCOVERY AS
PREMATURE
[ECF No. 21]

Plaintiff Dominique Baker is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion for discovery, filed May 24, 2017.

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Plaintiff’s motion must be denied as premature. On May 1, 2017, the undersigned screened

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Plaintiff’s second amended complaint and issued Findings and Recommendations recommending that

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this action proceed on Plaintiff’s claim of excessive force against Defendants Humberto German and

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Phillip Holguin and Plaintiff’s false imprisonment claim be dismissed. The Findings and

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Recommendations have not be resolved by the assigned District Judge.

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However, as Plaintiff was advised in the Court’s First Informational Order issued December

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16, 2016, discovery in this action does not open until after Defendants’ file an answer to the complaint

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and no discovery may be initiated until the Court issues a discovery order or otherwise orders that

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discovery begin. (ECF No. 3, Order at 4.) Defendants have not yet filed an answer to the complaint
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and the Court has not issued the necessary discovery order. Moreover, Plaintiff is reminded that

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discovery matters are to be conducted between the parties and, absent a need for intervention, should

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not be served on the Court. (Id.) Accordingly, Plaintiff’s motion for discovery is denied, without

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prejudice, as premature.

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IT IS SO ORDERED.

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Dated:

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May 25, 2017
UNITED STATES MAGISTRATE JUDGE

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