(PC) Fletcher, Jr. v. United States et al

Filing 8

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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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 JOHNNY FLETCHER, JR.,, 7 8 9 Plaintiff, vs. 1:22-cv-00443-GSA-PC ORDER DENYING MOTION TO COMPEL AS PREMATURE (ECF No. 6.) UNITED STATES, et al., 10 Defendants. 11 12 Johnny Fletcher, Jr. (“Plaintiff”) is a former federal prisoner proceeding pro se and in 13 forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 14 U.S. 388 (1971). Plaintiff filed the complaint commencing this action on April 15, 2022. (ECF 15 No. 1.) 16 On May 4, 2022, Plaintiff filed a motion to compel discovery. (ECF No. 6.) Plaintiff’s 17 motion is premature because discovery has not been opened in this case. When this case is ready 18 for discovery the court will issue a scheduling order opening discovery. In addition, discovery 19 will not be opened until after the complaint has been served and one or more of the defendants 20 has filed an answer to the complaint. Therefore, it is not time for discovery in this case, and 21 Plaintiff’s motion to compel shall be denied. 22 23 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion to compel, filed on May 4, 2022, is DENIED as premature. 24 25 26 27 28 IT IS SO ORDERED. Dated: September 16, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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