(PC) Mills v. Jones et al

Filing 18

ORDER DENYING 17 Plaintiff's Motion to Compel Discovery as Premature, signed by Magistrate Judge Stanley A. Boone on 11/14/2023. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS K. MILLS,

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Plaintiff,

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v.
ZACHERY JONES, et al.

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No. 1:23-cv-01214-JLT-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL DISCOVERY AS
PREMATURE
(ECF No. 17)

Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

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U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to compel discovery, filed

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November 13, 2023. Plaintiff’s motion must be denied as premature.

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As stated in the Court’s first informational order, “[a]fter defendants’ answers are filed,

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the Court will issue an order opening discovery and setting deadlines for completing discovery,

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amending the pleadings, and filing dispositive motions. No discovery may be initiated until the

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Court issues a discovery order or otherwise orders that discovery begin.” (ECF No. 2 at 4.)

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Defendants have not yet filed an answer and the Court has not yet ordered that discovery begin.

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Even when Defendants answer and a discovery and scheduling order is issued, any discovery

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requests must be served directly on the Defendants from whom discovery is sought, and unless a

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dispute arises, discovery requests should not be filed with the Court. (Id.) Plaintiff is advised to

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the review the Court’s first informational order issued on August 14, 2023. (ECF No. 2.)

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Accordingly, Plaintiff’s motion to compel discovery is denied as premature and improperly filed.

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IT IS SO ORDERED.
Dated:

November 14, 2023
UNITED STATES MAGISTRATE JUDGE

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