Manago v. Davey et al

Filing 19

ORDER denying 17 Motion for Special Hearing signed by Magistrate Judge Sandra M. Snyder on 5/4/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

Case No. 1:16-cv-00399 LJO DLB PC

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Plaintiff,

ORDER DENYING PLAINTIFF’S
MOTION FOR SPECIAL HEARING

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v.
(Document 17)

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DAVEY, et al.,

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Defendants.

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Plaintiff Stewart Manago (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis,1 filed this civil rights action on March 24, 2016. He filed a First Amended Complaint on

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April 18, 2016.
On April 27, 2016, the Court screened Plaintiff’s First Amended Complaint and found that he

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stated retaliation claims against Defendants Davey, Sexton, Vander Poel, Maxfield, Valdez,

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Acevedo and Razo. Plaintiff was ordered to either file an amended complaint to cure other

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deficiencies, or notify the Court of his willingness to proceed only on the cognizable claims.

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Plaintiff has not yet responded to the order.
On April 27, 2016, Plaintiff filed a motion for a “special hearing.” He contends that

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Defendant Davey transferred him to CSP-Sacramento on April 14, 2016, where he has known

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Plaintiff is subject to 28 U.S.C. § 1915(g), but the Court determined that the allegations in his complaint met the
imminent danger exception and permitted him to proceed in forma pauperis.

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documented enemies. He has since been placed in Administrative Segregation pending investigation

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into his safety concerns.

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Plaintiff asks that the Court set a hearing for May 6, 2016, where the named Defendants

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would testify “in order to prove that [they] were involved in a criminal conspiracy, to violate

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[Plaintiff’s] civil rights. . .” ECF No. 17, at 10.

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At this time, the Court will not hear evidence relating to the merits of Plaintiff’s claims.

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There is no operative complaint, and no Defendant has appeared in this action. In other words, it is

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premature to present evidence to the Court. Generally, Defendants’ testimony is not presented until

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summary judgment or trial. If and when Defendants appear in this action, the Court will open

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discovery and Plaintiff can request discovery on relevant issues.
To the extent that Plaintiff seeks to amend his complaint to add allegations for events

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occurring after he filed his First Amended Complaint, he may do so by submitting an amended

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complaint pursuant to the Court’s April 27, 2016, order.

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Based on the above, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.
Dated:

May 4, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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