Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Andrews v. Cervantes

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2009

ANTOLIN ANDREWS, PLAINTIFF,
v.
SANTOS CERVANTES, DEFENDANTS.

ORDER

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.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.