Quiroga v. Cooper et al

Filing 36

ORDER GRANTING Leave for Plaintiff to Request Issuance of a Subpoena to Locate Service Address for Defendant C. Cooper and J. Moreno, signed by Magistrate Judge Erica P. Grosjean on 1/17/18. Response Requested Within 30 Days. (This order mailed to Kern County Counsel). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONICO J. QUIROGA, III,
Plaintiff,

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v.
C. COOPER, J. MORENO, et al.,
Defendants.

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Case No. 1:17-cv-00004-DAD-EPG (PC)
ORDER GRANTING LEAVE FOR
PLAINTIFF TO REQUEST ISSUANCE
OF A SUBPOENA TO LOCATE
SERVICE ADDRESS FOR
DEFENDANT C. COOPER AND J.
MORENO
RESPONSE REQUESTED WITHIN 30
DAYS

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Monico J. Quiroga, III (“Plaintiff”) is a prisoner1 proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is currently

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proceeding on Plaintiff’s claim for excessive use of force brought under the Fourteenth

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Amendment against defendants C. Cooper and J. Moreno. (Doc. No. 19.) Defendant C. Cooper

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was a deputy and defendant J. Moreno was a guard at Kern County Sheriff’s Office at the time

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of the incident alleged in the complaint, which occurred on September 25, 2015.

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On July 26, 2017, the Court issued an Order directing the U.S. Marshal to execute

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service of process upon defendants Cooper and Moreno. (Doc. No. 22.) On November 27,

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2017, the summons for defendants Cooper and Moreno was returned unexecuted. (Doc. No.

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30.) It was noted that the Kern County Sheriff’s Office refused acceptance of the summons

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because the defendants were no longer employees. (Id.)

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On December 26, 2017, the undersigned entered an Order requesting assistance from

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the Kern County Counsel in locating an appropriate service address for defendants Cooper and

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Plaintiff was a pretrial detainee at time of the incident giving rise to the Complaint. He is presently a
state prisoner at High Desert State Prison in Susanville, California.
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Moreno. (ECF No. 35.) The Order requested that Kern County Counsel respond with the

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service address service for defendants C. Cooper and J. Moreno within fourteen days of service

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of the Order.

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Kern County Counsel did not respond to the Court’s December 26, 2017 Order.

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Accordingly, the Court ORDERS as follows:

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Within thirty (30) days of this Order, Plaintiff may request the issuance of a subpoena

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duces tecum requesting all documents regarding defendants C. Cooper and J. Moreno’s contact

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information, including but not limited to their current and/or last known mailing address and

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any identifying information that would assist in locating them.

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Additionally, the Clerk of Court is directed to serve Kern County Counsel (County

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Administration Building, 1115 Truxtun Avenue, 4th Floor, Bakersfield, California 93301) with

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a copy of this order.

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IT IS SO ORDERED.
Dated:

January 17, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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