O'Connor v. Perez et al

Filing 48

ORDER signed by Magistrate Judge Deborah Barnes on 10/30/19 DENYING 46 Motion for Discovery. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLENN O’CONNOR,

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No. 2:18-cv-1057 DB P

Plaintiff,

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v.

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W. PEREZ, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff claims defendants violated his Eighth Amendment rights. Presently before the

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court is plaintiff’s motion for discovery. (ECF No. 46.)

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By order dated May 24, 2019, the court referred this case to the Post-Screening ADR

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(Alternative Dispute Resolution) Project. (ECF No. 33.) On October 10, 2019, a settlement

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conference was held in this action. (ECF No. 44.) The case did not settle. Thereafter, the court

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lifted the stay and directed defendants to file a responsive pleading within twenty-one days. The

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court will deny plaintiff’s motion for discovery because defendants have yet to file a responsive

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pleading. Once the defendants have filed an answer the court will issue a discovery and

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scheduling order.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for discovery (ECF No.

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46) is denied.

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Dated: October 30, 2019

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DLB:12

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DLB:1/Orders/Prisoner/Civil.Rights/ocon1057.mt4disc

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