Misc | Filed: July 15, 2026
| Entered: July 15, 2026
Smythe v. HealthRIGHT 360
American with Disabilities - Employment | California Northern
Objection
OBJECTIONS to re 15 Order on Motion to Compel,,,,,,, 13 Order on Motion for Leave to Proceed in forma pauperis, Plaintiff's Objection to Court's Inexcusable Non-Performance by James F. Smythe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Smythe, James) (Filed on 7/15/2026)
Order | Filed: July 15, 2026
| Entered: July 15, 2026
Smythe v. HealthRIGHT 360
American with Disabilities - Employment | California Northern
Order on Motion to Compel
[IN-CHAMBERS TEXT ONLY ORDER]:
Plaintiff James F. Smythe, who is proceeding pro se, has filed an application to proceed in forma pauperis ("IFP") in this action. Dkt. 3 . Although the Court issued an Order regarding the financial screening of the IFP application [Dkt. 13 ], the Court still must screen the Complaint and dismiss any claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). The Court will screen the Complaint in due course, and if any cognizable claims remain after screening, Defendant will have the opportunity to respond to the Complaint.
Accordingly, due to the procedural posture of this case, Plaintiff's motion to compel [Dkt. 14 ] is DENIED WITHOUT PREJUDICE as premature. Further, this motion does not comply with the undersigned's Standing Discovery Order. This is not a joint letter brief, and there is no indication that the Parties properly met and conferred. Thus, even if the IFP screening was complete, this motion would be denied for failure to comply with the provisions of the Standing Order.
Should this case make it past the merits screening, the Parties SHALL meet and confer regarding the discovery dispute as required, and if the dispute is not resolved, the Parties SHALL file a joint discovery letter brief as required.
Signed by Judge Peter H. Kang on July 15, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 7/15/2026)
Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)