IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 28, 2010
AMOS RYLES, PLAINTIFF,
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding without counsel with an action under 42 U.S.C. § 1983. Plaintiff has filed a document entitled "motion for discovery for evidentiary documents." Plaintiff is informed that at this stage of the litigation of this case, court permission is not necessary to propound discovery requests and that neither discovery requests served on an opposing party nor that party's responses should be filed until such time as a party becomes dissatisfied with a response and seeks relief from the court pursuant to the Federal Rules of Civil Procedure. Plaintiff's proper course is to serve defendant directly with any discovery requests, if he has not already done so. Discovery requests between the parties shall not be filed with the court unless, and until, they are at issue.
Accordingly, IT IS HEREBY ORDERED that plaintiff's April 1, 2010 motion for discovery for evidentiary documents (Dkt. No. 47) will be placed in the court file and disregarded. Plaintiff is cautioned that further filing of discovery requests or responses, except as required by rule or order of court, may result in an order of sanctions, including, but not limited to, a recommendation that this action be dismissed.
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