Lipsey v. Guzman

Filing 8

ORDER Denying Plaintiff's 6 Motion for Limited Early Discovery signed by Magistrate Judge Erica P. Grosjean on 07/26/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,
Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR LIMITED EARLY DISCOVERY

v.

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1:17-cv-00896-EPG (PC)

(ECF NO. 6)
M. GUZMAN,
Defendant.

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Christopher Lipsey, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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complaint commencing this action on July 6, 2017. (ECF No. 1). On July 20, 2017, Plaintiff

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filed what the Court construes as a motion for limited early discovery. (ECF No. 6).1

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Plaintiff’s motion will be denied. As the Court told Plaintiff in its First Informational

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Order in Prisoner/Civil Detainee Civil Rights Case, “[a]fter defendants' answers are filed, the

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Court will issue an order opening discovery and setting deadlines for completing discovery,

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amending the pleadings, and filing dispositive motions. No discovery may be initiated until the

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Court issues a discovery order or otherwise orders that discovery begin.” (ECF No. 3, p. 4).

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The complaint is awaiting screening. The Court has not found that the complaint states a

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cognizable claim, and the defendant has not been served. Therefore, the Court will not open

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discovery at this time.

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The Court notes that Plaintiff’s motion cites to the California Code of Civil Procedure, not the
Federal Rules of Civil Procedure.
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Accordingly, based on the foregoing, it is ORDERED that Plaintiff’s motion for limited
early discovery (ECF No. 6) is DENIED.

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IT IS SO ORDERED.
Dated:

July 26, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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