Yartz v. Coalinga State Hospital et al

Filing 8

ORDER denying 6 Motion for Discovery signed by Magistrate Judge Erica P. Grosjean on 10/19/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN EUGENE YARTZ,
Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY

v.

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Case No. 1:17-cv-01305-EPG (PC)

(ECF NO. 6)
COALINGA STATE HOSPITAL, et al.,
Defendants.

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Norman Eugene Yartz (“Plaintiff”) is currently confined in Fresno County Jail,1 and is

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proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. §

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1983. On October 12, 2017, Plaintiff filed what appears to be a motion for discovery. (ECF

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No. 6).

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Plaintiff’s motion will be denied. Plaintiff appears to be attempting to take discovery.

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However, as the Court told Plaintiff in its First Informational Order in Prisoner/Civil Detainee

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Civil Rights Case, “[a]fter defendants' answers are filed, the Court will issue an order opening

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discovery and setting deadlines for completing discovery, amending the pleadings, and filing

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dispositive motions. No discovery may be initiated until the Court issues a discovery order or

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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

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a cognizable claim, no defendant has been served, and the Court has not opened discovery.

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Therefore, Plaintiff is not allowed to take discovery at this time.

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It is unclear whether Plaintiff is a prisoner, a pretrial detainee, or a civil detainee.
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Accordingly, based on the foregoing, it is ORDERED that Plaintiff’s motion for
discovery (ECF No. 6) is DENIED.

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IT IS SO ORDERED.
Dated:

October 19, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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