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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GLENN S. MARTINEZ-CASTRO, 14 15 ORDER DENYYING PLAINTIFF’S MOTION FOR THE ISSUANCE OF SUBPOENAS Plaintiff, 12 13 Case No. 1:14-cv-01326-BAM-PC v. C/O ELIAS, (ECF NO. 38) Defendant. 16 17 18 19 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. 22 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 1 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. 3 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the issuance of 4 subpoenas is denied. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara December 10, 2015 A. McAuliffe _ 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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