(PC) Coria v. Garcia et al

Filing 27

ORDER DENYING 26 Motion to Proceed With Discovery signed by Magistrate Judge Gary S. Austin on 7/13/2021. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO CORIA, JR., 12 13 14 15 Plaintiff, v. 1:20-cv-01652-NONE-GSA (PC) ORDER DENYING MOTION TO PROCEED WITH DISCOVERY (ECF No. 26.) M. GARCIA, et al., Defendants. 16 17 18 Fernando Coria, Jr. (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 19 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on 20 November 20, 2020. (ECF No. 1.) On July 12, 2021, Plaintiff filed a motion to proceed with 21 discovery. (ECF No. 26.) 22 Plaintiff is advised that the court will issue a scheduling order opening discovery after the 23 Complaint has been served and one or more of the defendants has filed an Answer to the 24 Complaint. At this stage of the proceedings, Plaintiff’s Complaint awaits the court’s requisite 25 screening process. Service of process shall not be initiated until the court has screened the 26 Complaint and finds that Plaintiff states cognizable claims. Therefore, it is not time for discovery 27 in this action, and therefore Plaintiff’s motion to proceed with discovery at this stage of the 28 proceedings shall be denied. 1 2 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion to proceed with discovery in this action, filed on July 12, 2021, is DENIED. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 13, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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