Wiseman v. Biter et al

Filing 19

ORDER Denying Plaintiff's 18 Motion for Discovery as Moot signed by Magistrate Judge Stanley A. Boone on 06/04/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,

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Plaintiff,

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v.

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MARTIN D. BITER, et al.,

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Defendants.

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Case No.: 1:18-cv-00126-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY AS MOOT
[ECF No. 18]

Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion for discovery, filed May 31, 2018.

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This action is proceeding on Plaintiff’s deliberate indifference to a serious medical need

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against Defendants Romero, Swanson, R. Rivera, M. Pomoa and R. Perez.
On May 3, 2018, the directed the United States Marshal to serve Defendants without

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prepayment of costs.

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The United States Marshal was not able to locate or identify Defendants Swanson, Romero,

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and M. Pomoa, and service was returned un-executed on May 3, 2018. Therefore, on May 8, 2018,

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the Court ordered Plaintiff to show cause why Defendants Swanson, Romero, and M. Pomoa should

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not be dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).

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Plaintiff filed a response to the order to show cause on May 23, 2018. (ECF No. 16.) In his

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response, Plaintiff provided additional information to assist with the identification of Defendants

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Swanson, Romero, and M. Pomoa. (Id.) Therefore, on May 30, 2018, the Court issued a second order

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directing service by the United States Marshal. (ECF No. 17.)

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In the current motion of discovery, Plaintiff has essentially requested discovery of the same

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information he previously provided to attempt re-service of Defendants Swanson, Romero, and M.

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Pomoa. Indeed, the instant motion is a verbatim copy of Plaintiff’s May 23, 2018, response to the

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Court’s order to show cause. (ECF No. 16.) Accordingly, Plaintiff’s present motion for discovery is

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denied as moot.

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IT IS SO ORDERED.

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Dated:

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June 4, 2018
UNITED STATES MAGISTRATE JUDGE

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