Caputo v. Kern County Sheriff's Office
Request for the Office of the Attorney General to provide service address for Defendant, Oscar Gonzales signed by Magistrate Judge Erica P. Grosjean on 11/15/2017. (Filing Deadline: 12/7/2017). (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GONZALES and DOE(S),
REQUEST FOR THE OFFICE OF THE
ATTORNEY GENERAL TO PROVIDE
SERVICE ADDRESS FOR
DEFENDANT OSCAR GONZALES
Case No. 1:15-cv-01008-EPG (PC)
Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this
civil rights action filed pursuant to 42 U.S.C. § 1983.
This case is currently proceeding on Plaintiff’s claims for violation of his Fourteenth
Amendment due process rights against Doe Defendant(s), for retaliation in violation of the First
Amendment against defendant Gonzales, and for excessive force in violation of the Fourteenth
Amendment against defendant Gonzales.
On June 29, 2017, the summons for defendant Gonzales was returned unexecuted.
(ECF No. 49). Plaintiff requested the issuance of a subpoena upon Kern County Sheriff’s
Office, and his request was granted (ECF No. 51). In responding to the subpoena, Kern County
Sheriff’s Office identified what it believed to be the full name of defendant Gonzales (Oscar
Gonzales) and directed Plaintiff to the California Department of Corrections and Rehabilitation
to get a current address. (ECF No. 66, p. 9).
Given this information, in the interest of preserving resources and maximizing
efficiency, and to avoid a formal discovery request, the Court will first request that the Office
of the Attorney General provide an address for service for defendant Oscar Gonzales.
In the event that the Office of the Attorney General does not provide sufficient
At the time of the incidents alleged in the complaint, Plaintiff was detained at Kern County Jail. He is
now incarcerated at FCI Marianna.
information, the Court may allow Plaintiff to request the issuance of a subpoena duces tecum so
that he can request all documents regarding defendant Gonzales’s contact information (the
Court recognizes that such discovery may pose privacy issues, which would necessitate in
camera review or sealing of documents).
Therefore, the Court REQUESTS that, within twenty-one (21) days from the date of
service of this order, the Office of the Attorney General respond with the address for service for
defendant Oscar Gonzales.2 (The Court does not have information regarding Mr. Gonzales’
current employment, besides the fact that it is allegedly with the CDCR. Defendant Gonzales
was a deputy at Kern County Sheriff’s Office at the time of the incident alleged in the
complaint, which occurred on May 4, 2016.)
Alternatively, the Office of the Attorney General may file a statement that it chooses
not to provide such information.3
Additionally, IT IS HEREBY ORDERED that the Clerk of Court is directed to serve
Senior Assistant Attorney General Monica Anderson with a copy of this order.
IT IS SO ORDERED.
November 15, 2017
UNITED STATES MAGISTRATE JUDGE
If the Office of the Attorney General has concerns about providing an address (or addresses) for
defendant Gonzales, it may submit that information in camera or under seal such that the Court can issue relevant
No sanctions will result from a failure to abide by this informal request, but note that the Court may
allow document discovery as discussed above.
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