Free v. Peikar et al
ORDER Denying 35 Motion for Court Assistance signed by Magistrate Judge Michael J. Seng on 04/11/2018. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:17-cv-00159-AWI-MJS (PC)
ORDER DENYING MOTION FOR COURT
(ECF NO. 35.)
DR. NADER PEIKAR, et al.,
Plaintiff is federal prisoner proceeding pro se in this civil rights action pursuant to
Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). The action proceeds against
Defendants Peikar, Mettri, Fuentes-Arce, and Tyson on Plaintiff’s Eighth Amendment
claims for medical indifference. Defendants Peikar, Fuentes-Arce, and Tyson have
appeared in the action. Ms. Mettri has not appeared and there is no record of her having
Before the Court is Plaintiff’s March 5, 2018 motion for the Court’s assistance in
locating Defendant Mettri or instruct him how to proceed. (ECF No. 35.)
The Court cannot assist Plaintiff in prosecuting his case nor can the Court instruct
him on law or procedure. Plaintiff may seek Defendat Mettri’s whereabouts through the
discovery process or, if unsuccessful in that endeavor, may seek a subpoena duces
tecum requiring the Bureau of Prisons to provide information regarding Ms. Mettri. The
Court will not issue a subpoena unless and until Plaintiff has demonstrated he has
exhausted other efforts to locate Ms. Mettri.
The Court recently stayed all discovery in this case except that pertaining to the
issue of exhaustion. (ECF No. 40.) However, in light of Plaintiff’s representation that he
has been unable to locate Ms. Mettri, the Court will hereby modify the stay to permit
discovery regarding Ms. Mettri’s whereabouts. Furthermore, to avoid further delay of this
action and to the extent Ms. Mettri remains employed by the Bureau of Prisons, the
Court requests the assistance of the Assistant United States Attorney in providing
Plaintiff with information to effectuate service.
Based on the foregoing, Plaintiff’s motion is HEREBY DENIED.
IT IS SO ORDERED.
April 11, 2018
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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