Caputo v. Kern County Sheriff's Office

Filing 38

ORDER GRANTING Motion for Copy of Order and DENYING Motion to Compel and for Sanctions 36 , 37 ; ORDER DIRECTING Clerk to Send Plaintiff a Copy of the Order Entered on February 8, 2017 32 and Attachments, signed by Magistrate Judge Erica P. Grosjean on 3/31/17. (Hellings, J)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 BRIAN CAPUTO, Plaintiff, 7 8 9 v. KERN COUNTY SHERIFF’S OFFICE, et al., 10 Defendants. 11 1:15-cv-01008-EPG (PC) ORDER GRANTING MOTION FOR COPY OF ORDER AND DENYING MOTION TO COMPEL AND FOR SANCTIONS (ECF NOS. 36 & 37) ORDER DIRECTING CLERK TO SEND PLAINTIFF A COPY OF THE ORDER ENTERED ON FEBRUARY 8, 2017 (ECF NO. 32) AND ATTACHMENTS 12 13 14 Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this 15 civil rights action filed pursuant to 42 U.S.C. § 1983. On March 30, 2017, Plaintiff filed a request 16 for a copy of the order entered on February 8, 2017 (“Motion for Copy of Order”). (ECF No. 36). 17 On that same day Plaintiff also filed a motion for the Court to compel the Kern County Sheriff’s 18 Office to answer interrogatories, and to sanction the Kern County Sherriff’s Office for not timely 19 answering the interrogatories (“Motion to Compel”). (ECF No. 37). 20 In Plaintiff’s Motion for Copy of Order, Plaintiff alleges that he never received the 21 Court’s order (which Plaintiff refers to as a form) that was entered on February 8, 2017. Because 22 Plaintiff has allegedly never received a copy of that order, the Court will grant Plaintiff’s Motion 23 for Copy of Order. 24 As to Plaintiff’s Motion to Compel, it will be denied because the Court has not yet opened 25 discovery. As laid out in the First Informational Order in Prisoner/Civil Detainee Civil Rights 26 Case (ECF No. 3, p. 4), “[a]fter defendants' answers are filed, the Court will issue an order 27 28 1 At the time of the incidents alleged in the original Complaint, Plaintiff was detained at Kern County Jail. He is now incarcerated at the Lompoc U.S. Penitentiary. 1 opening discovery and setting deadlines for completing discovery, amending the pleadings, and 2 filing dispositive motions. No discovery may be initiated until the Court issues a discovery order 3 4 5 6 or otherwise orders that discovery begin.” otherwise ordered that discovery begin. Therefore, it is not yet time in this case for Plaintiff to conduct discovery. Based on the foregoing, IT IS HEREBY ORDERED THAT: 1. Plaintiff’s Motion for Copy of Order is GRANTED. 7 The Clerk of Court is DIRECTED to send Plaintiff a copy of the order entered on February 8, 2017 8 (ECF No. 32), as well as the attachments; and 9 2. Plaintiff’s Motion to Compel is DENIED. 10 11 The Court has not issued a discovery order or IT IS SO ORDERED. 12 13 Dated: March 31, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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