(PC) Bivins v. Rodriguez ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PENN BIVINS, No. 2:18-CV-2671-JAM-DMC-P 12 Plaintiff, 13 v. ORDER 14 MARCO RODRIGUEZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983 and Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). 19 Pending before the court is plaintiff’s motion for contempt (ECF No. 63). 20 Plaintiff seeks an order of contempt against defendant Sarabia “for ignoring 21 several subpoenas and withholding key evidence and information in a federal lawsuit.” ECF No. 22 63, pg. 1. Plaintiff provides no supporting information, argument, or documentation. 23 Plaintiff’s motion will be denied. To the extent plaintiff seeks sanctions for failure 24 to provide discovery, his motion is premature in that the court has not issued a scheduling order 25 opening discovery. Moreover, as a motion to compel discovery and for an award of sanctions, 26 plaintiff’s motion is defective in that he has not provided a copy of the discovery in dispute, any 27 indication of a meet-and-confer effort, or any argument as to why discovery should be compelled 28 and sanctions awarded. 1 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for contempt 2 | (ECF No. 63) is denied. 3 4 5 | Dated: January 8, 2020 Ssvcqo_ 6 DENNIS M. COTA 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28