Heyer v. Krueger et al

Filing 23

ORDER DENYING Plaintiff's Motion for Order to Produce Documents 22 , signed by Magistrate Judge Dennis L. Beck on 12/4/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD D. HEYER,

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Plaintiff,

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Case No. 1:13-cv-01297 DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR ORDER TO PRODUCE DOCUMENTS

v.
(Document 22)

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ANGELA KRUEGER, et al.,

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Defendants.

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Plaintiff Richard D. Heyer (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on

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August 5, 2013, and the action was transferred to this Court on August 13, 2013.

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Plaintiff filed a First Amended Complaint on November 18, 2013, and it is currently awaiting
screening.
Also on November 18, 2013, Plaintiff filed a motion requesting that the Court order either

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the Tulare County Superior Court or Defendant Angela Kruger to “furnish page (2) of Plaintiff’s

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originally issued record subpoena served cell front on June 7, 2013.” Mot. 1.

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The Court has previously denied a request from Plaintiff to serve discovery. While Plaintiff

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states that the instant motion is “not a discovery motion,” he is incorrect. Plaintiff is essentially

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requesting that this Court either (1) serve a subpoena duces tecum on a third party; or (2) require a

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Defendant to produce a document. This constitutes discovery.
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Again, discovery has not yet opened in this action. If the Court screens Plaintiff’s First

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Amended Complaint and finds that it states cognizable claims, the Court will issue an order opening

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discovery after Defendants file an answer. In other words, until the Court determines that Plaintiff’s

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First Amended Complaint states a cognizable claim, it will not order the production of documents

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from a party or non-party.
Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 4, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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