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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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 BRIAN CAPUTO, Plaintiff, 6 GONZALES and DOE(S), (ECF NO. 68) 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 SANCTIONS 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 another motion for sanctions. (ECF No. 68). 13 Plaintiff alleges that Kern County Sheriff’s Office did not properly respond to Plaintiff’s 14 subpoena, but it is not entirely clear why. In his subpoena, Plaintiff sought documents that would 15 allow him to identify the full name of the defendant Plaintiff identified as Gonzalez. (See ECF 16 No. 51, p. 2). While Plaintiff is correct in pointing out that Kern County Sheriff’s Office stated 17 that it had difficulty identifying the defendant Plaintiff listed as Gonzalez, it did provide the name 18 of Oscar Gonzales, who it believes to be the only Gonzales that was working at the relevant time. 19 (ECF No. 66, p. 9). Plaintiff has also stated that there was only one Gonzales working at the 20 relevant time. 21 substantially complied with the portion of the subpoena requesting documents that would allow 22 Plaintiff to identify the full name of defendant Gonzales, and that there is no need for sanctions. 23 /// 24 /// 25 /// 26 /// (ECF No. 68). Therefore, it appears that Kern County Sheriff’s Office 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 sanctions (ECF No. 68) is DENIED. 3 IT IS SO ORDERED. 4 5 Dated: November 16, 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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