Driskell v. Matolon

Filing 12

ORDER signed by Magistrate Judge Craig M. Kellison on 3/27/2017 DENYING as premature plaintiff's 7 motion for discovery. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON DRISKELL,

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Plaintiff,

No. 2:16-cv-1602-MCE-CMK P

vs.
MATOLON,

ORDER
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff has filed a request to engage in discovery (Doc. 7). However,

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service of his complaint has not been authorized and no answer in response thereto has been

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filed. This case is therefore not at issue, and the time to engage in discovery has not yet

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commenced. Plaintiff’s request is premature and is denied as such. When and if this case

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proceeds beyond screening, and an answer to the complaint is filed, discovery will commence in

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the normal course of this action.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for discovery
(Doc. 7) is denied as premature.

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DATED: March 27, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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