Richard Garcia v. Doe

Filing 9

ORDER DENYING Plaintiff's 7 Motion for Early Discovery, signed by Magistrate Judge Jennifer L. Thurston on 8/21/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD GARCIA,

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Plaintiff,

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Case No. 1:17-cv-00865-JLT (PC)
ORDER DENYING PLAINTIFF'S
MOTION FOR EARLY DISCOVERY

v.
(Doc. 7)
DOE,

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Defendant.

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Plaintiff has filed a motion seeking to open discovery so that can ascertain the identities of

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the defendants identified as Does in this action. (Doc. 7.) As stated in the First Informational

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Order that issued on July 5, 2017, the Court will issue an order opening discovery after Plaintiff’s

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allegations have been screened and cognizable claims have been identified, served, and answers

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have been filed. (Doc. 4.) If Plaintiff is able to state cognizable claims, he will be given the

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opportunity to submit as much identifying information as he has for each defendant identified as a

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Doe. Thereafter the United States Marshall and the Litigation Office at the facility where the

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events occurred will be contacted to ascertain their identities. Only if such efforts prove fruitless

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will discovery be opened for the limited purpose of identifying Doe defendants. Thus, Plaintiff’s

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motion for discovery is premature.

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Accordingly, the Court ORDERS, that Plaintiff's motion for discovery, filed on July 24,
2017 (Doc. 7) is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

August 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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