Barboza v. Green

Filing 12

ORDER DENYING 4 Ex Parte Request for Defendant's Home Address signed by Magistrate Judge Jennifer L. Thurston on 12/12/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUMALDO BARBOZA,

Case No. 1:12-cv-01914 AWI JLT (PC)

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Plaintiff,

ORDER DENYING EX PARTE
REQUEST FOR DEFENDANT’S HOME
ADDRESS

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vs.
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BERRY GREEN,

(Doc. 4)

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Defendant.
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On November 26, 2012, Plaintiff initiated this action. (Doc. 1) At the same time, he filed

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a motion for the Court to order Pleasant Valley State Prison to divulge the personal address of the

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Defendant. (Doc. 4) Plaintiff’s rationale is that the US Marshals Service will need this address if

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Defendant is no longer employed by the CDCR. Id.

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However, Plaintiff is advised that according to 28 U.S.C. § 1915(e)(2)(B), the Court must

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screen Plaintiff’s to determine whether it states a cognizable claim. Until the Court orders the

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complaint to be served, if it does, the location where Defendant may be served is not needed.

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Moreover, unless and until it is determined that Defendant can no longer be served via his work

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place, investigation into alternate locations for service is not needed.

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Thus, any request for discovery of Defendant’s location via his employer is premature
given the Court has not screened Plaintiff’s complaint to determine whether it states a cognizable

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claim and the Court has not authorized service of the complaint. Therefore, the motion for

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disclosure of Defendant’s home address is DENIED.

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IT IS SO ORDERED.
Dated:

December 12, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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