(PC) Fenix v. Newsom et al

Filing 23

ORDER DISREGARDING 21 Plaintiff's Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 6/3/2024. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVIN FENIX,

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No. 1:24-cv-00202-JLT-SAB (PC)
Plaintiff,

ORDER DISREGARDING PLAINTIFF’S
MOTION FOR DISCOVERY

v.
(ECF No. 21)
GAVIN NEWSOM, et al.,

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Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion for discovery, filed May 31, 2024.

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Therein, Plaintiff requests that Defendants produce several documents. (ECF No. 21.) Plaintiff’s

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motion is both premature and improperly filed with the Court.

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As stated in the Court’s first informational order, “after defendants' answers are filed, the

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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. Once the Court allows

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discovery to begin, the parties may initiate it, as provided in both the Federal Rules of Civil

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Procedure and Local Rules, without additional approval from the Court. Discovery requests must

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be served directly on the attorney for the party from whom discovery is sought. Except in the

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case of a discovery dispute (discussed below), parties are not to file copies of their discovery

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requests with the Court. Local Rules 250.1, 250.2, 250.3, 250.4. Discovery documents

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inappropriately submitted to the Court may be stricken.” (ECF No. 4 at 4.)

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Here, Defendants have not yet filed an answer as the case is in the screening phase and the

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Court has therefore not issued the discovery order opening discovery. In addition, discovery

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requests are to be filed only on opposing counsel and should not be filed with the Court unless

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and until a dispute arises. Accordingly, Plaintiff’s motion for discovery is disregarded as

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premature and improperly filed with the Court. Plaintiff should refrain from attempting to

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conduct discovery until the Court has issued the discovery and scheduling order.

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IT IS SO ORDERED.
Dated:

June 3, 2024
UNITED STATES MAGISTRATE JUDGE

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