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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing

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this action on May 1, 2017. (ECF No. 1.) On June 29, 2017, Plaintiff filed a request to proceed

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with discovery. (ECF No. 11.)

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Plaintiff is advised that the court will issue a scheduling order opening discovery after

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the Complaint has been served and one or more of the defendants has filed an Answer to the

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Complaint. At this stage of the proceedings, Plaintiff’s Complaint awaits the court’s requisite

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screening process. Service of process shall not be initiated until the court has screened the

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Complaint and finds that Plaintiff states cognizable claims. Therefore, it is not time for

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discovery in this action, and Plaintiff’s request to proceed with discovery at this stage of the

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proceedings shall be denied.
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Plaintiff has submitted exhibits pertaining to events occurring after the Complaint was

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filed. Plaintiff is advised that these exhibits and the after-occurring events referred to in the

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exhibits are not part of the Complaint and shall not be considered when the Complaint is

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screened.

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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.

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IT IS SO ORDERED.
Dated:

July 5, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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