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Quillie L. Harvey v. A. Ayala

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 13, 2011

QUILLIE L. HARVEY,
PLAINTIFF,
v.
A. AYALA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING MOTION FOR AN

ORDER

(ECF No. 8)

Plaintiff Quillie L. Harvey ("Plaintiff") is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the Magistrate Judge handling all matters in this action. ( ECF No. 4.)

Plaintiff initiated this action on December 16, 2010. (Compl., ECF No. 1.) Plaintiff's Complaint has not yet been screened. Plaintiff filed a Motion for a Request for an Order on May 27, 2011. (Mot., ECF No. 8.) Plaintiff requests that the Court order Wasco State Prison to place a videotape in Plaintiff's legal property. (Id.) The videotape is a recordingof Plaintiff alleging prison staff used excessive force and falsified reports. (Id.)

Plaintiff's Motion is, in effect, a discovery request. It is premature. It should be directed to Defendants after the Court has screened Plaintiff's Complaint.

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must screen Plaintiff's Complaint and determine if Plaintiff has a cognizable claim. If there is a cognizable claim, the Court will order service of Plaintiff's Complaint. Once the Complaint has been served and Defendants file an answer, the Court will issue a discovery and scheduling order which will provide the parties with time in which to conduct discovery. Plaintiff's Motion is premature at this time.

Accordingly, Plaintiff's Motion for a Request for an Order is DENIED.

IT IS SO ORDERED.

20110913

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