Evans v. CSP Sacramento, et al

Filing 34

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/23/11 ORDERING that Plaintiff's MOTION for Discovery 32 is DENIED. Plaintiff shall file an opposition to the Motion to Dismiss. Failure to file an opposition will result in a recommendation that this action be dismissed. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH EVANS,
Plaintiff,

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vs.

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No. CIV S-10-1969 GEB GGH P

CSP SACRAMENTO, et al.,
Defendants.

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ORDER
/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis. He seeks

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relief pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion for discovery, however

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discovery should not be commenced yet in this action. Defendant filed a motion to dismiss on

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June 6, 2011, which plaintiff has not opposed. Discovery should not begin in this case until the

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motion to dismiss has been adjudicated. Therefore, plaintiff shall file an opposition to the

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motion to dismiss. Failure to file an opposition will result in a recommendation that this action

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be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for discovery (Doc. 32) is denied;

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2. Plaintiff shall file an opposition to the motion to dismiss. Failure to file an

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opposition will result in a recommendation that this action be dismissed.

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DATED: June 23, 2011
/s/ Gregory G. Hollows
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:AB
evan1969.ord

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