Hampton v. Virga et al

Filing 30

ORDER signed by Magistrate Judge Deborah Barnes on 11/1/2018 DENYING 28 Motion for Discovery as moot. (Huang, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES HAMPTON, 12 Plaintiff, 13 14 No. 2:13-cv-0923 JAM DB P v. ORDER TIM VIRGA, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 17 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 25, 2018, plaintiff filed a motion for discovery. (ECF No. 28). In it, he 21 requests that he be granted the opportunity to conduct discovery. Given that on October 10, 2018, 22 this court issued a discovery and scheduling order in this matter (see ECF No. 27), the court will 23 deny plaintiff’s motion as moot. Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 25, 2018, motion for 24 25 discovery (ECF No. 28) is DENIED as moot. 26 Dated: November 1, 2018 27 28 DLB:13 1

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