Dulaney v. Fresno Police Department et al

Filing 13

ORDER DENYING Motion for Medical Records File (Doc. 8 ), Signed by Magistrate Judge Barbara A. McAuliffe on 1/16/2015. (Arellano, S.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO DULANEY,

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Plaintiff,

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v.
JERRY DYER, FRESNO POLICE
DEPARTMENT, FRESNO POLICE
OFFICER RICHARD BADILLA, FRESNO
POLICE OFFICER MATHEW SILVER
Defendant.

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) Case No. 1:14-cv-1051-LJO-BAM
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) ORDER DENYING MOTION FOR
) MEDICAL RECORDS FILE (Doc. 8.)
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Plaintiff Mario Dulaney (“Plaintiff”) appears to be a pretrial detainee1 proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this

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action on July 3, 2014 and the court screened the complaint and granted Plaintiff leave to amend.

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On October 24, 2014, Plaintiff filed a First Amended Complaint which is currently pending

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screening. Plaintiff names Police Chief Jerry Dyer, Fresno Police Officer Richard Badilla, and

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Fresno Police Officer Mathew Silver as defendants. Plaintiff has consented to magistrate judge

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jurisdiction.
On October 24, 2014, Plaintiff filed a motion entitled “Court Order of All Medical File.”

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(Doc. 8.) The motion asks that the court order his medical file from Fresno Community

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Regional Medical Center. The court will construe Plaintiff's Motion as a request for a subpoena

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The allegations are unclear if Plaintiff is a pretrial detainee or a sentenced prisoner. For purposes of this order,
the Court will assume Plaintiff is a pretrial detainee.
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duces tecum to Fresno Community Regional Medical Center for these documents pursuant to

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Rule 45 of the Federal Rules of Civil Procedure.

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The request for subpoenas is denied as premature. The First Amended Complaint, filed

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on October 24, 2014, has not yet been screened. The court is required to screen complaints

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brought by prisoners seeking relief against a governmental entity or officer or employee of a

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governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion

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thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state

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a claim upon which relief may be granted, or that seek monetary relief from a defendant who is

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immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). Until the complaint is screened, no

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claims are pending. Once the complaint is screened and if it states cognizable claims, the Court

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will send the complaint out for service on defendants. Discovery will commence when the court

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issues an order setting the schedule and terms of discovery, as the court ordinarily does after the

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defendants file their answers. The Court will open discovery and then Plaintiff may renew his

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request for documents, within limits that will be identified at an appropriate time.

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The request for subpoena is premature and is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 16, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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