Goodwin v. Billings et al

Filing 21

ORDER Denying Plaintiff's Second 20 Motion for Subpoenas as Premature, signed by Magistrate Judge Stanley A. Boone on 5/9/18. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PATRICK GLENN GOODWIN,

12
13
14
15

Plaintiff,
v.
OFFICER BILLINGS, et al.,
Defendants.

16
17
18
19
20
21

)
)
)
)
)
)
)
)
)
)

Case No. 1:17-cv-01708-SAB (PC)
ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR SUBPOENAS AS PREMATURE
[ECF No. 20]

Plaintiff Patrick Glenn Goodwin is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s second motion for issuance of subpoenas, filed May 7,
2018. Plaintiff’s motion must be denied as premature.
As Plaintiff was advised in the Court’s First Informational Order, discovery in this action does

22

not open until after Defendants’ file an answer to the complaint and no discovery may be initiated

23

until the Court issues a discovery order or otherwise orders that discovery begin. (ECF No. 5, Order at

24

4.) On March 19, 2018, the Court directed the United States Marshal to serve the second amended

25

complaint on Defendants Billings and Yang. On April 20, 2018, the waiver of service forms for both

26

Defendants were returned signed. Defendants have not yet filed responded to the complaint and the

27

time frame to do so has not expired. Thus, the Court has not yet issued the discovery order opening

28

discovery in this matter. Furthermore, Plaintiff is again reminded that discovery matters are to be
1

1

conducted between the parties and, absent a need for intervention, should not be served on the Court.

2

(ECF No. 5, Order at 4.) Accordingly, Plaintiff’s second motion for discovery is denied, without

3

prejudice, as premature.

4
5

IT IS SO ORDERED.

6

Dated:

7

May 9, 2018
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2