Harris v. Sexton, et al.

Filing 40

ORDER Denying Plaintiff's 39 Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 01/29/2019. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EARNEST S. HARRIS, 12 Plaintiff, 13 14 v. SEXON, et al., 15 Defendants. 16 Case No.: 1:18-cv-00080-DAD-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION FOR DISCOVERY [ECF No. 39] Plaintiff Earnest S. Harris is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion for discovery, filed January 28, 2019. 20 Plaintiff is informed that Court permission is not necessary for discovery requests and that 21 neither discovery requests served on an opposing party nor that party’s responses should be filed until 22 such time as a party becomes dissatisfied with a response and seeks relief. Thus, discovery requests 23 and responses shall not be filed with the Court unless, and until, they are at issue. Here, Plaintiff’s 24 discovery request is directed to Defendants and should be served on opposing counsel only. 25 /// 26 /// 27 /// 28 /// 1 Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for discovery, filed on January 1 2 28, 2019, is DENIED as unnecessary. (ECF No. 39.) 3 4 IT IS SO ORDERED. 5 Dated: 6 January 29, 2019 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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