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Irving v. Calif. Dep't of Corrections

June 13, 2010

ARVELL JAMES IRVING, PLAINTIFF,
v.
CALIF. DEPT. OF CORRECTIONS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO COMPEL DISCOVERY (Doc. 5.)

Plaintiff Arvell James Irving ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 20, 2010. (Doc. 1.) On June 10, 2010, plaintiff filed a motion for the court to compel defendants to relinquish medical records to plaintiff pursuant to his request. (Doc. 14.)

Plaintiff is hereby advised that the time for discovery in this action has not commenced. The court shall establish a discovery schedule at a later date by issuing a scheduling order which shall be served upon all parties to this action.*fn1 Until then, plaintiff may not pursue discovery in this action, and defendants may disregard any pending discovery requests which have been served upon them by plaintiff.

Based on the foregoing, IT IS HEREBY ORDERED THAT plaintiff's motion to compel discovery is DENIED.

IT IS SO ...


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