Quiroga v. Cooper et al

Filing 59

ORDER Denying Plaintiff's Discovery 56 57 Motions signed by Magistrate Judge Jeremy D. Peterson on 07/26/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONICO J. QUIROGA III,
Plaintiff,

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Case No. 1:17-cv-00004-DAD-JDP
ORDER DENYING PLAINTIFF’S
DISCOVERY MOTIONS

v.
(Doc. Nos. 54, 56)

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C. COOPER, et al.,
Defendants.

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Plaintiff Monico J. Quiroga III is a state prisoner proceeding without counsel in this civil

18 rights action under 42 U.S.C. § 1983. He brings an Eighth Amendment excessive force claim
19 against defendants C. Cooper and J. Moreno. Plaintiff has filed two motions that appear to
20 request production of documents, electronically stored information, and tangible things under
21 Federal Rule of Civil Procedure 34. (Doc. Nos. 54, 56.)
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If plaintiff is attempting to request documents or other tangible things from defendants,

23 he should send the discovery request directly to them. See Fed. R. Civ. P. 34 (a) (“A party may
24 serve on any other party a request within the scope of Rule 26(b)” (emphasis added)). The local
25 rules provide that discovery requests “shall not be filed unless and until there is a proceeding in
26 which the request, response, or proof of service is at issue.” Local Rule 250.3. There is
27 currently no proceeding in which the request is at issue.
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Therefore, plaintiff’s motions (Doc. Nos. 54, 56) are denied to the extent they can be

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2 construed as a request for a court order.
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IT IS SO ORDERED.

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Dated:

July 26, 2018
UNITED STATES MAGISTRATE JUDGE

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