Soltanian

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY WILLIAM CORTINAS, Case No. 2:20-cv-01067-JAM-JDP (PC) Plaintiff, ORDER (1) GRANTING IN PART

PLAINTIFF’S MOTION FOR AN

v. EXTENSION OF TIME AND (2) DENYING

PLAINTIFF’S MOTION FOR DISCOVERY

JALLA SOLTANIAN, et al., ECF Nos. 34, 35 Defendants. 16 Plaintiff has filed a motion for a sixty-day extension of time to file a response to defendant Lynch’s motion to dismiss the complaint for failure to state a claim. ECF No. 34. He claims the requested extension is needed to allow him to gather discovery. Id. at 1. Plaintiff has also filed a separate motion requesting discovery related to Lynch’s motion to dismiss. ECF No. 35. As a threshold matter, plaintiff does not need to conduct discovery in order to prepare a response to defendant Lynch’s motion to dismiss, which is brought under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). A motion pursuant to Rule 12(b)(6) tests whether the complaint’s allegations, when…