Moten v. Allison

Filing 20

ORDER Denying 19 Ex Parte Request for Subpoenas for Defense Documents and Transcripts, signed by Magistrate Judge Jennifer L. Thurston on 5/25/12. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE T. MOTEN,

Case No. 1:12-cv-00600 AWI-JLT (PC)

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Plaintiff,

ORDER DENYING EX PARTE
REQUEST FOR SUBPOENAS FOR
DEFENSE DOCUMENTS AND
TRANSCRIPTS

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v.
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K. ALLISON,
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(Doc. 19)
Defendant.

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On April 20, 2012, the Court determined that Plaintiff is ineligible to proceed in forma

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pauperis and filed Findings and Recommendations that Plaintiff be required to pay the filing fee

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before the matter proceeds further. (Doc. 15) After this, Plaintiff filed a motion or a temporary

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restraining order and a request for a 30-day extension of time to object to the recommendation.

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(Docs. 16, 17) Notably, in support of his request for additional time within which to filed his

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recommendations, he asserted various problems, not the least of which was a stated inability to

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access the law library. (Doc. 17) Nevertheless, currently before the Court is Plaintiff’s request

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that the Court issue subpoenas to the Defendant for production of documents and other matters.

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(Doc. 19)

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Plaintiff is advised that until his motion to proceed in forma pauperis is resolved finally,

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the matter will not proceed. Moreover, any request for discovery is premature given that no filing

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fee has been paid, the Court has not authorized Plantiff to proceed in forma pauperis, the Court

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has not screened his complaint to determine whether it states a cognizable claim and the Court

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has not authorized any discovery to occur. Therefore, the motion for subpoenas is DENIED.
Moreover, in light of Plaintiff’s recent filings, it is becoming apparent to the Court that

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Plaintiff’s claim of having inadequate access to the law library and insufficient time to prepare his

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objections to the Findings and Recommendations is a prevarication. Therefore, Plaintiff is

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admonished to file his objections, if he has any, as soon as practicable but in no event will

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objections filed after June 11, 2012, be considered. Moreover, Plaintiff is advised that no further

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action will be taken as to any further filings until his motion to proceed in forma pauperis is

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resolved finally and/or until he pays the filing fee.

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IT IS SO ORDERED.

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Dated:

May 25, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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