Kandi v. Management and Training Corporation et al

Filing 19

ORDER DENYING 17 Plaintiff's Motion for Clerk's Office to Issue Signed Subpoenas signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMIEL A. KANDI,

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Plaintiff,

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v.
MANAGEMENT AND TRAINING
CORPORATION, et al.,

Case No. 1:16-cv-00794-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR CLERK’S OFFICE TO ISSUE SIGNED
SUBPOENAS
(ECF No. 17)

Defendants.

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Plaintiff Emiel A. Kandi (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983.1 Plaintiff initiated this action on June

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8, 2016. (ECF No. 1.) On December 22, 2016, Plaintiff filed the instant motion with the Court,

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requesting the Clerk’s Office to send Plaintiff six signed subpoena forms so that Plaintiff may

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compel depositions by written questions. (ECF No. 17.)
Plaintiff’s request is premature. The Court has not yet screened the complaint, as required

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by 28 U.S.C. § 1915A, nor has it been served on any of the named defendants. Discovery will

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commence following the service of Plaintiff’s complaint. The Court advises Plaintiff that it will

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screen his complaint in due course.

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Plaintiff’s complaint has not yet been screened, but the court takes judicial notice that Plaintiff has filed his
complaint in part under 42 U.S.C. § 1983. Generally, suits against federal officers for the violation of constitutional
rights should be brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
(1971).

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Accordingly, the Court HEREBY DENIES Plaintiff’s motion for the clerk’s office to
issue signed subpoenas, as premature, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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