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Hawthorne v. Mendoza-Powers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 11, 2008

RALPH KELLY HAWTHORNE, JR, PLAINTIFF,
v.
KATHY MENDOZA-POWERS, ET.AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING MOTION TO COMPEL DISCOVERY

(Doc. 13)

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 5, 2008, plaintiff filed a motion to compel discovery. (Doc. 13).

Plaintiff's request is premature. Plaintiff is advised that the court will issue a Scheduling and Discovery Order after defendants have filed an answer to plaintiff's complaint. Plaintiff has not yet submitted an amended complaint, nor notified the court that he is willing to proceed only on the claims found to be cognizable. An answer from defendants is not yet due. If and when an answer is filed, the court will issue a Scheduling and Discovery Order.

Based on the foregoing, plaintiff's motion to compel discovery, filed August 5, 2008, is denied.

IT IS SO ORDERED.

20080811

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