Belyew v. Hornea et al

Filing 59

ORDER signed by Magistrate Judge Allison Claire on 7/26/21 DENYING 58 Motion to Compel. (Plummer, M)

Case 2:17-cv-00508-KJM-AC Document 59 Filed 07/27/21 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA MARIE BELYEW,

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No. 2:17-cv-0508 KJM AC P

Plaintiff,
v.

ORDER

KORY L. HONEA, et al.,
Defendants.

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Plaintiff is a former county and current state prisoner proceeding pro se with a civil rights

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action pursuant to 42 U.S.C. § 1983. Defendants have filed a motion to compel discovery. ECF

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No. 58. However, a Discovery and Scheduling Order has yet to be entered in this case, making

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any discovery and motions to compel premature. Defendants may re-serve any unanswered

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requests for discovery once discovery opens, and the motion to compel will therefore be denied

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without prejudice to renewal should plaintiff once again fail to respond to discovery requests once

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discovery opens. By separate order, the undersigned will set a schedule for discovery in this case.

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Accordingly, IT IS HEREBY ORDERED that defendants’ motion to compel, ECF No.

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58, is DENIED without prejudice.

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DATED: July 26, 2021

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