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Louis Branch v. D. Umphenour

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 22, 2012

LOUIS BRANCH, PLAINTIFF,
v.
D. UMPHENOUR, ET AL.,
DEFENDANTS.

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

ORDER GRANTING PLAINTIFF'S MOTION TO STAY DISCOVERY (Doc. 64.)

ORDER STAYING DISCOVERY UNTIL COURT ISSUES ORDER OPENING DISCOVERY

Louis Branch ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 7, 2008. (Doc. 1.) This action now proceeds on the Second Amended Complaint filed by Plaintiff on August 25, 2010, against defendant D. Umphenour and two Doe defendants for failure to protect in violation of the Eighth Amendment, and against defendant Umphenour for retaliation in violation of the First Amendment. *fn1 On October 6, 2011, defendant Umphenour ("Defendant") filed a motion to dismiss, which is pending before the Court. (Doc. 49.)

On February 21, 2012, Plaintiff filed a motion to stay discovery in this action. (Doc. 64.)

Plaintiff requests a stay on discovery pending resolution of Defendant's motion to dismiss and Plaintiff's motion to file a Third Amended Complaint. Specifically, Plaintiff requests a stay of Defendant's January 29, 2012 Requests for Production of Documents, Admissions, and Interrogatories.

The parties are advised that discovery in this action is not yet open. The Court shall issue an order commencing discovery at a later stage of the proceedings. *fn2 Until then, the parties may not pursue discovery in this action, and Plaintiff may disregard any pending discovery requests which have been served upon him by Defendant. Thus, Plaintiff's motion to stay is granted.

Accordingly IT IS HEREBY ORDERED that:

1. Plaintiff's motion to stay discovery is GRANTED;

2. Discovery in this action is STAYED until such time as the Court issues an order opening discovery.

IT IS SO ORDERED.


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