Evans v. California Department of Corrections and Rehabilitation

Filing 31

ORDER signed by Magistrate Judge Allison Claire on 4/18/2019 DENYING 30 Plaintiff's 4/15/2019 Motion. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY EVANS,

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No. 2:17-cv-1888 AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 1, 2019, the court issued an order referring this matter to its Post-Screening

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Alternative Dispute Resolution Project. ECF No. 27. As a result, the matter was stayed for 120

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days so the parties could investigate plaintiff claims, meet and confer, and participate in a

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settlement conference. ECF No. 27 at 1. In sum, the stay serves to halt all standard civil

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proceedings, including discovery.

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On April 15, 2019, plaintiff filed a document which seeks (1) a Pitchess motion for

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disclosure of defendant Harrison’s personnel file; (2) a discovery motion requiring the Attorney

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General to request plaintiff’s file and medical records from DVI Tracy, and (3) an evidence
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hearing that will permit all evidence to be available to all parties. ECF No. 30. Plaintiff states he

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makes these motions “to ensure that[] all evidence in this case is properly disclosed to all parties[]

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prior to any further legal proceedings.” ECF No. 30 (brackets added).

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The court construes plaintiff’s motions as discovery motions, and finds that they are

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premature. All discovery has been stayed pending the outcome of these post-screening settlement

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proceedings. Plaintiff is reminded that on April 1, 2019, he was given 30 days within which to

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notify the court whether he wished to participate in settlement proceedings in person or via

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videoconference. See ECF No. 27 at 3.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion filed April 15, 2019

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(ECF No. 30) is DENIED.

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DATED: April 18, 2019

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