Hollis v. Mason et al

Filing 35

ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/10/09 ORDERING that pltf's 32 motion for discovery order is DENIED w/out prejudice. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Previously, plaintiff had urged the court to impose sanctions on defendants for filing their motion to dismiss, which this court has addressed in findings and recommendations, and which the district judge has now resolved in an order adopting these findings and recommendations. This court declines to find that the motion to dismiss was frivolous and so declines to impose sanctions. 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARVIN GLENN HOLLIS, Plaintiff, vs. J. MASON, et al., Defendants. / Plaintiff is a state prison inmate proceeding pro se with a civil rights action under 42 U.S.C. § 1983. He has filed a "motion for a discovery order."1 A discovery order will issue after the defendants have filed an answer in this case. IT IS THEREFORE ORDERED that plaintiff's motion for a discovery order (doc. no. 32) is denied without prejudice. DATED: September 10, 2009. 2/holl1094.ord No. CIV S-08-1094 MCE KJM P ORDER

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