Trujillo v. Munoz

Filing 16

ORDER DENYING Plaintiff's 15 Motion for Polygraph Examination, signed by Magistrate Judge Dennis L. Beck on 7/17/2015. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, 12 Plaintiff, 13 v. 14 MUNOZ, et al., 15 Case No. 1:14-cv-00976 DLB PC ORDER DENYING PLAINTIFF’S MOTION FOR POLYGRAPH EXAMINATION [ECF No. 15] Defendants. 16 17 Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a California state prisoner proceeding pro se 18 and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on 19 June 23, 2014.1 He names Correctional Officer Munoz as Defendant. On July 13, 2015, Plaintiff filed the instant motion seeking a polygraph examination. 20 21 Plaintiff seeks polygraph examinations of staff members concerning a battery which took place in 22 2013, and in which Plaintiff claims he was a victim. Section 3293 of Title 15, cited to by Plaintiff, 23 provides for the administration of a polygraph exam by prison officials during the course of a prison 24 investigation. Cal.Code Regs., tit. 15 § 3293 (2015). The section has no applicability to this civil 25 suit in federal court. There is no entitlement to the administration of polygraph examinations in this 26 action. 27 /// 28 1 On July 24, 2014, Plaintiff consented to the jurisdiction of the Magistrate Judge. 1 1 2 3 ORDER Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for polygraph examination is DENIED. 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Dennis July 17, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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