Opinion
No. CIV S-04-2703 FCD EFB P.
August 27, 2007
ORDER
Plaintiff is a state prisoner without counsel seeking relief for civil rights violations. See 42 U.S.C. § 1983. On February 2, 2007, the court issued findings and recommendations recommending that defendants' motion to dismiss as to defendants Boyd, Campbell, Cornish, Lattimore and Purifoy be granted for plaintiff's failure to state a claim. Those findings were adopted on March 29, 2007. As part of this order, plaintiff was granted thirty days to file an amended complaint to add allegations raised in his opposition against defendants Campbell, Lattimore, and Cornish only. On April 30, 2007, plaintiff filed a request for an extension of time to file his second amended complaint, which was granted. On June 15, 2007, plaintiff filed his second amended complaint, which includes allegations beyond the limited scope permitted by the March 29, 2007 Order. (CD 57.)
Defendant O'Conner filed his answer to plaintiff's first amended complaint on March 12, 2007. A discovery/scheduling order was issued on April 16, 2007, setting July 20, 2007, as the close of discovery. Pending the screening of the second amended complaint, defendant O'Conner requests the court to stay discovery so that defendant may conduct discovery with knowledge of all parties to the lawsuit.
Accordingly, it is ORDERED that discovery is stayed pending the screening of plaintiff's second amended complaint or further order of the court.