Opinion
2:22-cv-01977-JDP (PC)
05-09-2023
RICHARD ROJAS, Plaintiff, v. E. LOPEZ, et al., Defendants.
ORDER
JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE
Plaintiff moves for an extension of time to file an amended complaint. ECF No. 23. Good cause appearing, that motion is granted and plaintiff's second amended complaint, ECF No. 31, is deemed timely. The court will screen that complaint in due course.
Plaintiff has also filed two motions seeking discovery. ECF Nos. 24 & 26. Those motions are denied as premature because service of the complaint has not been authorized. Should the complaint proceed past the screening stage, the court will order service and will issue a discovery and scheduling order after defendants respond to the complaint. Plaintiff can then serve defense counsel with requests for discovery pursuant to Federal Rules of Civil Procedure 26-37 and 45. If plaintiff is unable to obtain necessary discovery from defendants, he can file an appropriate motion asking for the court's assistance.
Accordingly, it is hereby ORDERED that:
1. Plaintiff's motion for an extension of time, ECF No. 23, is granted and his amended complaint filed on April 17, 2023, ECF No. 31, is deemed timely.
2. Plaintiff's motions for discovery, ECF Nos. 24 & 26, are denied as premature.
IT IS SO ORDERED.