Juarez v. Butts et al

Filing 104

ORDER signed by Magistrate Judge Deborah Barnes on 02/26/19 DENYING 101 Motion to Compel without prejudice to its renewal when, and if, discovery commences in this case. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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Plaintiff,

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No. 2:15-cv-1996 JAM DB P

v.

ORDER

M. HLAING, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his

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serious medical needs in violation of the Eighth Amendment.
In orders filed October 26, 2018 and December 28, 2018, the court found plaintiff stated

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cognizable claims against some defendants. The U.S. Marshal was ordered to serve the complaint

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on defendants Atienza, Bhatia, and Hlaing. Defendant Atienza has now appeared in this action.

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(See ECF No. 98.) However, defendants Bhatia and Hlaing have not yet appeared.
In a document filed here on February 19, 2019, plaintiff moves to compel defendants to

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provide discovery. (ECF No. 101.) Plaintiff is advised that discovery is premature because

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defendants have not answered the complaint and the court has not issued a discovery and

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scheduling order. See Passer v. Steevers, No. 2:08-cv-2792 KJN P, 2010 WL 3769097, at *1

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(E.D. Cal. Sept. 22, 2010); Williams v. Ramirez, No. CIV S-06-2151 WBS DAD P, 2008 WL

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2875361, at *1 (E.D. Cal. July 23, 2008).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (ECF No. 101)

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is denied without prejudice to its renewal when, and if, discovery commences in this case.

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Dated: February 26, 2019

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DLB:9
DLB1/prisoner-civil rights/juar1996.disco premature

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