Caputo v. Kern County Sheriff's Office

Filing 89

ORDER DENYING Plaintiff's Motion for Discovery 88 , signed by Magistrate Judge Erica P. Grosjean on 4/6/2018. (Hellings, J)

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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, et al.,

Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983.
On April 2, 2018, Plaintiff filed a motion asking the Court for discovery. (ECF No. 67).

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(ECF NO. 88)

Defendants.

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ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY

v.

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Case No. 1:15-cv-01008-LJO-EPG (PC)

Plaintiff lists documents that he wants, as well as questions he wants to ask.

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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 Gonzales. (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. The Court notes that it will likely open full discovery at

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the Initial Scheduling Conference, which is currently set for June 27, 2018, at 1:30 p.m.

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\\\

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Plaintiff was detained at Kern County Jail at the time of the incidents alleged in the complaint. 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.

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IT IS SO ORDERED.
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Dated:

April 6, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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