Martinez Castro v. Unnamed Defendants
Filing
39
ORDER DENYING Plaintiff's 38 Motion for the Issuance of Subpoenas signed by Magistrate Judge Barbara A. McAuliffe on 12/10/2015. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GLENN S. MARTINEZ-CASTRO,
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ORDER DENYYING PLAINTIFF’S
MOTION FOR THE ISSUANCE OF
SUBPOENAS
Plaintiff,
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Case No. 1:14-cv-01326-BAM-PC
v.
C/O ELIAS,
(ECF NO. 38)
Defendant.
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Plaintiff Martinez-Castro is appearing pro se and in forma pauperis in this civil rights
20 action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion requesting
21 that the Court send to him USM 285 forms in order for him to subpoena witnesses.
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Plaintiff filed his motion on December 8, 2015. On December 1, 2015, an order was
23 entered, directing the U.S. Marshal to serve Defendant with the October 13, 2015, second
24 amended complaint on which this action proceeds. Plaintiff is advised that once Defendant has
25 filed an answer to the second amended complaint, the Court will enter a discovery and
26 scheduling order, setting forth the rules and deadlines for discovery and the filing of a dispositive
27 motion. Should this action proceed beyond the summary judgment stage (whether a denial of
28 summary judgment or failure to file a motion for summary judgment), a further scheduling order
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1 will be entered, setting forth the requirements and deadlines for Plaintiff to subpoena his
2 witnesses. Until such time, a request for witness subpoenas is premature.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the issuance of
4 subpoenas is denied.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
December 10, 2015
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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