Alvarado v. County of Tulare

Filing 11

ORDER DENYING Plaintiff's 10 Motion for Sanctions (Rule 37),without prejudice, as premature, signed by Magistrate Judge Barbara A. McAuliffe on 1/12/2018. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL DEAN ALVARADO, JR.,

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Plaintiff,

Case No. 1:17-cv-01396-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SANCTIONS (RULE 37)

v.
(ECF No. 10)
COUNTY OF TULARE,
Defendant.

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Plaintiff Daniel Dean Alavarado, Jr. (“Plaintiff”) is a former state prisoner proceeding pro

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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was

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initiated on October 3, 2017. (ECF No. 1.)

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Currently before the Court is Plaintiff’s motion for sanctions pursuant to Federal Rule of

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Civil Procedure 37, filed January 8, 2018. (ECF No. 10.) Though difficult to understand,

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Plaintiff appears to request default judgment as a matter of law due to Defendant County of

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Tulare’s failure to respond to the complaint. (Id.)

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Plaintiff’s motion for sanctions is premature and shall be denied without prejudice. The

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Court has not screened Plaintiff’s complaint to determine whether it is subject to dismissal or

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whether the action should proceed to discovery on Plaintiff’s claims. 28 U.S.C.

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§ 1915(e)(2)(B)(ii) (“Notwithstanding any filing fee, or any portion thereof, that may have been

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paid, the court shall dismiss the case at any time if the court determines that . . . the action or
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appeal . . . fails to state a claim upon which relief may be granted.”) The complaint has not been

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ordered served, no defendants have appeared, and discovery has not been opened. Plaintiff’s

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complaint will be screened in due course.

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Accordingly, Plaintiff’s motion for sanctions, (ECF No. 10), is HEREBY DENIED,
without prejudice, as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 12, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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