Caputo v. Kern County Sheriff's Office

Filing 154

ORDER on Plaintiff's Request for Relief and Request to the Courts 151 , 152 , signed by Magistrate Judge Erica P. Grosjean on 1/17/2019: Plaintiff's request for relief is denied and that Plaintiff's request to the courts is denied. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,

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Case No. 1:15-cv-01008-LJO-EPG (PC)
ORDER ON PLAINTIFF’S REQUEST FOR
RELIEF AND REQUEST TO THE COURTS

Plaintiff,
v.

(ECF NOS. 151 & 152)

GONZALES, et al.,

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Defendants.

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Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On January 14, 2019, Plaintiff filed a request for relief and a request to the courts.

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(ECF Nos. 151 & 152). In his request for relief, Plaintiff describes the incidents alleged in his

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complaint (with some additional details included), and asks “to be granted relief….”

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In his request to the courts, Plaintiff alleges (and submits evidence) that defendant

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Gonzales spelled his name “Gonzalez” on an incident report. Plaintiff then argues that if

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defendant Gonzales lied about the spelling of his name, he could be lying about other things as

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well. Plaintiff also suggests that the difference in spelling could be “a play by Defendants to

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defer or derail the justice system, or a play to avoid or slow the courts[.]” “Plaintiff asks the

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courts for what they feel to be appropriate to this matter be done.”

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Plaintiff was detained at Kern County Jail at the time of the incidents alleged in the complaint. He is
now incarcerated at USP Yazoo City.
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As to Plaintiff’s request for relief, it will be denied. It is unclear what Plaintiff is asking

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the Court to do. The Court notes that this case is proceeding on Plaintiff’s complaint, in which

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he requested relief. If Plaintiff is successful in the litigation he will likely get some form of

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relief. The Court cannot decide the underlying issues in the case on a motion such as this one.

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As to Plaintiff’s request to the courts, it will also be denied. Plaintiff may present

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evidence and argument about the credibility of a defendant at trial, including the information

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regarding the spelling of his name, if this case proceeds to trial, or other hearing or motion that

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goes to the merits of the case. It is not appropriate for the Court to make a credibility

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determination on a motion by the Plaintiff.

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Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s request for relief
is denied and that Plaintiff’s request to the courts is denied.

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IT IS SO ORDERED.
Dated:

January 17, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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