Caputo v. Kern County Sheriff's Office

Filing 71

ORDER denying 68 Motion for Sanctions signed by Magistrate Judge Erica P. Grosjean on 11/16/2017. (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. 68)

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 SANCTIONS

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 another motion for sanctions. (ECF No. 68).

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Plaintiff alleges that Kern County Sheriff’s Office did not properly respond to Plaintiff’s

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subpoena, but it is not entirely clear why. In his subpoena, Plaintiff sought documents that would

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allow him to identify the full name of the defendant Plaintiff identified as Gonzalez. (See ECF

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No. 51, p. 2). While Plaintiff is correct in pointing out that Kern County Sheriff’s Office stated

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that it had difficulty identifying the defendant Plaintiff listed as Gonzalez, it did provide the name

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of Oscar Gonzales, who it believes to be the only Gonzales that was working at the relevant time.

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(ECF No. 66, p. 9). Plaintiff has also stated that there was only one Gonzales working at the

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relevant time.

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substantially complied with the portion of the subpoena requesting documents that would allow

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Plaintiff to identify the full name of defendant Gonzales, and that there is no need for sanctions.

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(ECF No. 68).

Therefore, it appears that Kern County Sheriff’s Office

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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
sanctions (ECF No. 68) is DENIED.

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IT IS SO ORDERED.
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Dated:

November 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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