Richard Garcia v. Doe
Filing
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ORDER DENYING Plaintiff's 7 Motion for Early Discovery, signed by Magistrate Judge Jennifer L. Thurston on 8/21/17. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD GARCIA,
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Plaintiff,
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Case No. 1:17-cv-00865-JLT (PC)
ORDER DENYING PLAINTIFF'S
MOTION FOR EARLY DISCOVERY
v.
(Doc. 7)
DOE,
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Defendant.
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Plaintiff has filed a motion seeking to open discovery so that can ascertain the identities of
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the defendants identified as Does in this action. (Doc. 7.) As stated in the First Informational
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Order that issued on July 5, 2017, the Court will issue an order opening discovery after Plaintiff’s
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allegations have been screened and cognizable claims have been identified, served, and answers
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have been filed. (Doc. 4.) If Plaintiff is able to state cognizable claims, he will be given the
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opportunity to submit as much identifying information as he has for each defendant identified as a
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Doe. Thereafter the United States Marshall and the Litigation Office at the facility where the
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events occurred will be contacted to ascertain their identities. Only if such efforts prove fruitless
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will discovery be opened for the limited purpose of identifying Doe defendants. Thus, Plaintiff’s
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motion for discovery is premature.
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Accordingly, the Court ORDERS, that Plaintiff's motion for discovery, filed on July 24,
2017 (Doc. 7) is DENIED without prejudice.
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IT IS SO ORDERED.
Dated:
August 21, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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