IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 23, 2011
KENNETH EVANS, PLAINTIFF,
CSP SACRAMENTO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff is a state prisoner proceeding pro se and in forma pauperis. He seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion for discovery, however discovery should not be commenced yet in this action. Defendant filed a motion to dismiss on June 6, 2011, which plaintiff has not opposed. Discovery should not begin in this case until the motion to dismiss has been adjudicated. Therefore, plaintiff shall file an opposition to the motion to dismiss. Failure to file an opposition will result in a recommendation that this action be dismissed.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for discovery (Doc. 32) is denied;
2. Plaintiff shall file an opposition to the motion to dismiss. Failure to file an opposition will result in a recommendation that this action be dismissed.
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