Tran v. Junious et al

Filing 19

ORDER denying 18 Motion to conduct discovery signed by Magistrate Judge Erica P. Grosjean on 5/2/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01320-EPG-PC

BINH TRAN,
Plaintiff,

ORDER DENYING REQUEST TO
CONDUCT DISCOVERY
(ECF No. 18.)

vs.
M. JUNIOUS, et al.,
Defendants.

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Binh Tran (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing

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this action on August 25, 2014. (ECF No. 1.) On September 8, 2014, Plaintiff consented to

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Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). (ECF No. 5.) The Court has

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screened the Complaint and will initiate service upon defendant Sergeant Smith forthwith.

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On April 7, 2016, Plaintiff filed a request for a Court order compelling discovery of

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Sergeant Smith’s personnel records and related files. (ECF No. 18.) Plaintiff seeks production

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of documents from the California Department of Corrections and Rehabilitation (CDCR).

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Plaintiff’s request shall be denied because it is not yet time for discovery in this case.

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Plaintiff is advised that the Court will issue a scheduling order opening discovery after the

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Complaint has been served and the Defendant has filed an Answer to the Complaint. At this

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stage of the proceedings, Defendant has not been served with process. Therefore, it is not time
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for discovery in this action, and Plaintiff’s request to conduct discovery at this stage of the

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proceedings shall be denied.

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Plaintiff is advised that CDCR is not a party to this action, and Plaintiff must serve a

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third-party subpoena for documents when the time comes.

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Discovery/Scheduling Order opening discovery, Plaintiff must file a request for issuance of a

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subpoena with the Court, listing the documents he wishes to obtain. After the subpoena is

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properly served, CDCR shall respond and provide Plaintiff with documents in their possession

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and custody.

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After the Court issues a

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request to conduct discovery,
filed on April 7, 2016, is DENIED.

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IT IS SO ORDERED.
Dated:

May 2, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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