(PC) Petillo v. Baughman et al

Filing 52

ORDER signed by Magistrate Judge Dennis M. Cota on 9/10/2020 DENYING petitioner's 45 motion to compel, as premature. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SIDNEY PETILLO, 12 No. 2:19-CV-0667-TLN-DMC-P Plaintiff, 13 v. 14 HAINEY, et al., 15 ORDER Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion to compel discovery (ECF No. 19 45). Plaintiff appears to request permission to issue subpoenas. Defendants have waived service 20 and an answer to Plaintiff’s second amended complaint is due by September 28, 2020. Therefore, 21 the Court has not yet issued an order commencing discovery and Plaintiff’s motion to compel 22 discovery is denied as premature. 23 IT IS SO ORDERED. 24 25 Dated: September 10, 2020 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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