(PC) Fletcher, Jr. v. United States et al
Filing
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ORDER DENYING 6 Motion to Compel as Premature, signed by Magistrate Judge Gary S. Austin on 9/16/2022. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY FLETCHER, JR.,,
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Plaintiff,
vs.
1:22-cv-00443-GSA-PC
ORDER DENYING MOTION TO
COMPEL AS PREMATURE
(ECF No. 6.)
UNITED STATES, et al.,
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Defendants.
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Johnny Fletcher, Jr. (“Plaintiff”) is a former federal prisoner proceeding pro se and in
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forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403
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U.S. 388 (1971). Plaintiff filed the complaint commencing this action on April 15, 2022. (ECF
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No. 1.)
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On May 4, 2022, Plaintiff filed a motion to compel discovery. (ECF No. 6.) Plaintiff’s
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motion is premature because discovery has not been opened in this case. When this case is ready
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for discovery the court will issue a scheduling order opening discovery. In addition, discovery
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will not be opened until after the complaint has been served and one or more of the defendants
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has filed an answer to the complaint. Therefore, it is not time for discovery in this case, and
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Plaintiff’s motion to compel shall be denied.
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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion to compel,
filed on May 4, 2022, is DENIED as premature.
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IT IS SO ORDERED.
Dated:
September 16, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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