Williamson v. CSP Solano Mailroom Staff, et al.

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/2016 DENYING plaintiff's 29 "motion of discovery". (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDDIE LEE WILLIAMSON,

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Plaintiff,

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No. 2:13-cv-1978-WBS-EFB P

v.

ORDER

CSP SOLANO MAILROOM STAFF, et
al.,
Defendants.

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Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s “motion of discovery.” ECF

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No. 29.

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Requests for discovery must be served on a defendant and not filed with the court.

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Pursuant to this court’s local rules, interrogatories, requests for production, requests for

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admission, and responses thereto “shall not be filed with the clerk” unless there is a proceeding

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that puts the discovery request or response at issue. See E.D. Cal. Local Rules 250.2-250.4.

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Further, when a discovery request or response is at issue, only the part of the request or response

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at issue “shall be filed.” Id. At this time, there is no proceeding before the court that requires

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plaintiff’s discovery requests for its resolution. To the contrary, the court has recommended that

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plaintiff’s second amended complaint be dismissed for failure to state a claim. See ECF No. 26.
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Thus, there is no defendant upon whom plaintiff could properly serve a discovery request.
Accordingly, plaintiff’s “motion of discovery” (ECF No. 29) is denied.
DATED: May 2, 2016.

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