Sekona v. Custino, et al.

Filing 29

ORDER signed by Magistrate Judge Craig M. Kellison on 2/3/2017 DENYING plaintiff's 12 motion for an order pursuant to Fed.R.Civ.P. 37(a)(4). (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ETUATE SEKONA,

12

Plaintiff,

13
14

No. 2:16-CV-0517-CMK-P

vs.

ORDER

F. CUSTINO, et al.,

15

Defendants.

16

/

17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 12) for an order directing

19

defendants to reply pursuant to Federal Rule of Civil Procedure 37(a)(4). That rule, however,

20

relates to motions compelling responses to discovery. Because no answer to the complaint has

21

yet been filed, the case is not at issue and discovery has not been opened. Plaintiff’s motion is

22

premature.

23

///

24

///

25

///

26

///
1

1
2

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an order
pursuant to Federal Rule of Civil Procedure 37(a)(4) is denied.

3
4
5
6

DATED: February 3, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2