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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 JASON DRISKELL, 8 9 10 11 Plaintiff, No. 2:16-cv-1602-MCE-CMK P vs. MATOLON, ORDER Defendants. 12 13 / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 14 to 42 U.S.C. § 1983. Plaintiff has filed a request to engage in discovery (Doc. 7). However, 15 service of his complaint has not been authorized and no answer in response thereto has been 16 filed. This case is therefore not at issue, and the time to engage in discovery has not yet 17 commenced. Plaintiff’s request is premature and is denied as such. When and if this case 18 proceeds beyond screening, and an answer to the complaint is filed, discovery will commence in 19 the normal course of this action. 20 21 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for discovery (Doc. 7) is denied as premature. 22 23 24 25 DATED: March 27, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 1

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