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