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