David L. Manning, Jr. v. Stainer et al

Filing 9

ORDER Denying 8 Plaintiff's Motion for Subpoena, signed by Magistrate Judge Dennis L. Beck on 5/14/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID LESLIE MANNING, JR.,

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Plaintiff,

Case No. 1:15-cv-00530 DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR SUBPOENA

v.
[ECF No. 8]

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M. STAINER, et al.,
Defendants.

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Plaintiff David Leslie Manning, Jr., a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 6, 2015. The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 5, 2015, Plaintiff filed a motion requesting the issuance of a federal civil subpoena.

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seeking to open discovery. Plaintiff is advised that 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 thereof

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

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

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from such relief. 28 U.S.C. § 1915A(b)(1),(2). “Notwithstanding any filing fee, or any portion

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thereof, that may have been paid, the court shall dismiss the case at any time if the court determines

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that . . . the action or appeal . . . fails to state a claim upon which relief may be granted.” 28 U.S.C. §
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1915(e)(2)(B)(ii). In this case, the Court has not yet screened the complaint, and service on
Defendant has not yet been authorized. Therefore, Plaintiff’s motion to commence discovery is
premature.

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ORDER
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for issuance of a subpoena
is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 14, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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