Bowell v. Montoya et al

Filing 12

ORDER DENYING 11 Motion to Proceed with Discovery, signed by Magistrate Judge Gary S. Austin on 07/05/2017. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:17-cv-00605-LJO-GSA-PC JAMES BOWELL, Plaintiff, ORDER DENYING REQUEST TO PROCEED WITH DISCOVERY (ECF No. 11.) vs. F. MONTOYA, et al., Defendants. 16 17 18 James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing 20 this action on May 1, 2017. (ECF No. 1.) On June 29, 2017, Plaintiff filed a request to proceed 21 with discovery. (ECF No. 11.) 22 Plaintiff is advised that the court will issue a scheduling order opening discovery after 23 the Complaint has been served and one or more of the defendants has filed an Answer to the 24 Complaint. At this stage of the proceedings, Plaintiff’s Complaint awaits the court’s requisite 25 screening process. Service of process shall not be initiated until the court has screened the 26 Complaint and finds that Plaintiff states cognizable claims. Therefore, it is not time for 27 discovery in this action, and Plaintiff’s request to proceed with discovery at this stage of the 28 proceedings shall be denied. 1 1 Plaintiff has submitted exhibits pertaining to events occurring after the Complaint was 2 filed. Plaintiff is advised that these exhibits and the after-occurring events referred to in the 3 exhibits are not part of the Complaint and shall not be considered when the Complaint is 4 screened. 5 6 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request to commence discovery in this action, filed on June 29, 2017, is DENIED. 7 8 9 10 IT IS SO ORDERED. Dated: July 5, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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