Driskell v. Matolon
ORDER signed by Magistrate Judge Craig M. Kellison on 3/27/2017 DENYING as premature plaintiff's 7 motion for discovery. (Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:16-cv-1602-MCE-CMK P
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff has filed a request to engage in discovery (Doc. 7). However,
service of his complaint has not been authorized and no answer in response thereto has been
filed. This case is therefore not at issue, and the time to engage in discovery has not yet
commenced. Plaintiff’s request is premature and is denied as such. When and if this case
proceeds beyond screening, and an answer to the complaint is filed, discovery will commence in
the normal course of this action.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for discovery
(Doc. 7) is denied as premature.
DATED: March 27, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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