Espino v. Arnold

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 1/02/20 DENYING 18 Motion to Compel. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN ESPINO, 12 No. 2:17-cv-2198 KJM AC P Plaintiff, 13 v. 14 ERIC ARNOLD, 15 ORDER Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 9, 2019, plaintiff filed a motion to compel. ECF No. 18. The motion seeks 21 a court order for the warden at California State Prison – Solano to produce records related to 22 plaintiff’s June 6, 2016 transport to and from U.C. San Francisco’s retinal facility. See id. at 1. 23 Plaintiff states that these records are needed so that he can provide the court with the names of the 24 John Doe defendants. See id. at 1. 25 The motion is premature. A First Amended Complaint (FAC) has recently been filed in 26 this case after lengthy and repeated extensions of time. ECF No. 17. The FAC has not been 27 screened, and accordingly has not been served on any defendants. If and when the FAC is 28 screened and found suitable for service, and after named defendants appear and respond, a 1 1 Discovery and Scheduling Order will issue. That order will provide information about the 2 discovery process. When the discovery period begins, plaintiff may use the tools provided by the 3 Federal Rules of Civil Procedure to request documents and information. If the responses he 4 receives are inadequate, he may then bring a motion to compel. Until the discovery period opens, 5 any motions related to discovery are premature. 6 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel, filed 7 December 9, 2019 (ECF No. 18), is DENIED. 8 DATED: January 2, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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