IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 5, 2013
THOMAS T. ALFORD, PLAINTIFF,
STEPHEN S. CARLTON, DEFENDANT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed a motion to compel discovery in this action brought pursuant to 42 U.S.C. § 1983. (Dkt. No. 25.) As a discovery and scheduling order has not issued and the discovery period has not begun, plaintiff's motion is premature and will be denied. Plaintiff is not precluded from filing another motion to compel at the appropriate time.
Accordingly, IT IS HEREBY ORDERED THAT plaintiff's February 27, 2013 motion to compel discovery (Dkt. No. 25) is denied as premature.
© 1992-2013 VersusLaw Inc.