Gonzales v. Podsakoff, et al.
ORDER DENYING Plaintiff's 44 Motion for Copies and to Limit Discovery to Five Years, signed by Magistrate Judge Sheila K. Oberto on 09/22/17. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING PLAINTIFF’S
MOTION FOR COPIES AND TO LIMIT
DISCOVERY TO FIVE YEARS
PODSAKOFF, et al.,
Plaintiff, Michael Gonzales, is a prisoner in the custody of the California Department of
Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. On June 1, 2017, Plaintiff filed a motion
requesting copies of all documents Defendants obtain from his CDCR files and that disclosure of
any such documents be limited to “within 5 years.” (Doc. 44.) Plaintiff attached a letter in which
defense counsel indicates a request will be made for documents from Plaintiff’s central file under
section 3370(e) of Title 15 of the California Code of Regulations. (Id., at p. 2.)
Documents in Plaintiff’s central file are equally available to Plaintiff, and Defendants
need not produce to Plaintiff a copy of documents they receive in response to their request.
Further, parties are entitled to seek discovery of any non-privileged matter that is relevant to any
claim and/or defense in the action. Fed. R. Civ. P. 26(b)(1). The discovery sought may include
information that is not admissible so long as it appears reasonably calculated to lead to the
discovery of admissible evidence. Id. This defines the scope of discovery in federal civil
litigation in general. Thus, while documents exceeding five years prior to the incidents in
question in this action may not be admissible at trial, Defendants are nonetheless entitled to
obtain such documents as part of discovery.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for copies and to limit
documents to “within five years,” filed on June 1, 2017, (Doc. 44), is DENIED.
IT IS SO ORDERED.
September 22, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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