Caputo v. Kern County Sheriff's Office

Filing 69

ORDER denying 67 Motion for Discovery signed by Magistrate Judge Erica P. Grosjean on 11/15/2017. (Lundstrom, T)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 BRIAN CAPUTO, Plaintiff, 6 GONZALES and DOE(S), (ECF NO. 67) Defendants. 9 Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this 10 11 ORDER DENYING PLAINTIFF’S MOTION FOR DISCOVERY v. 7 8 Case No. 1:15-cv-01008-EPG (PC) civil rights action filed pursuant to 42 U.S.C. § 1983. 12 On November 14, 2017, Plaintiff filed a motion for discovery. (ECF No. 67). Plaintiff 13 appears to be seeking documents from Kern County Sheriff’s Office related to one of his claims 14 in this case. 15 Plaintiff’s motion will be denied. While the Court granted Plaintiff’s motion for issuance 16 of a subpoena duces tecum upon Kern County Sheriff’s Office, it was for the limited purpose of 17 identifying and finding an address for defendant Gonzalez. (ECF No. 51). Full discovery has not 18 yet been opened in this case (ECF No. 3, p. 4), and Plaintiff has not provided a reason why he 19 needs to take additional early discovery. Moreover, Kern County Sheriff’s Office is not currently 20 a party to this case. Therefore, if Plaintiff wants documents from Kern County Sheriff’s Office 21 he must (as he did before) file a motion for a subpoena duces tecum once the Court issues a 22 scheduling order opening discovery. 23 /// 24 /// 25 /// 26 /// 27 1 28 At the time of the incidents alleged in the complaint, Plaintiff was detained at Kern County Jail. He is now incarcerated at FCI Marianna. 1 1 2 Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for discovery is DENIED without prejudice. 3 IT IS SO ORDERED. 4 5 Dated: November 15, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 6 7 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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