IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 15, 2009
ANTOLIN ANDREWS, PLAINTIFF,
SANTOS CERVANTES, DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a motion for the issuance of a discovery order.*fn1 Dckt. No. 80.
This action proceeds on the amended complaint filed pursuant to this court's March 25, 2009 order. Am. Compl.; Dckt. No. 79. The court has yet to review that complaint pursuant to 28 U.S.C. § 1915A(a). Thus, there is no determination of whether plaintiff has stated a claim for relief. See 28 U.S.C. § 1915A(b). Parties may conduct discovery only if there is some claim to which discovery materials would be relevant. See Fed. R. Civ. P. 26(b). In the absence of a determination that plaintiff has stated a claim for relief, no factual issues are in dispute and nothing would be gained by discovery. Thus, the court declines to issue a discovery order at this stage of the proceedings.
Accordingly, it is ORDERED that plaintiff's July 10, 2009, motion for the issuance of a discovery order is denied.