Bomprezzi v. Hoffman et al

Filing 33

ORDER denying 31 Request to Begin Discovery Process. By Magistrate Judge Boyd N. Boland on 04/21/2014.(athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 13-cv-2085-CMA-BNB MEL BOMPREZZI, Plaintiff, v. GRAHAM HOFFMAN, Dr., JULIE MEEKER, Dr., LISA TOEPP, Dr., POUNDS, Dr., and DeCUARDO, Dr., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises the plaintiff ‘s Request to Begin Discovery Process [Doc. #31,filed 04/03/2014] (the “Motion”). The Motion is DENIED. The plaintiff requests that the parties be permitted to “begin the discovery process in order to prepare for jury trial.” The plaintiff filed his Prisoner Complaint on August 14, 2013 [Doc. #4] (the “Complaint”). The defendants filed a motion to dismiss the Complaint on November 8, 2013 [Doc. #17].1 A Scheduling Conference will not be set, and discovery will not commence, until after I issue a recommendation on the motion to dismiss. IT IS ORDERED that the plaintiff ‘s Request to Begin Discovery Process [Doc. #31] is DENIED. 1 The plaintiff does not indicate that discovery is necessary in order to respond to the motion to dismiss, and the motion to dismiss does not raise factual issues which would necessitate discovery. Dated April 21, 2014. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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