(PC) Kindred v. Cabrera et al

Filing 12

ORDER GRANTING Plaintiff's 11 Motion for Extension of Time and DENYING 5 Plaintiff's Request for a Subpoena, signed by Magistrate Judge Jennifer L. Thurston on 9/7/2020. Thirty Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 RICHARD SCOTT KINDRED, 12 13 Plaintiff, v. 14 ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME AND DENYING PLAINTIFF’S REQUESTS FOR A SUBPOENA WUILMER CABRERA, et al., 15 1:19-cv-00901-JLT (PC) Defendants. 16 (Docs. 5, 11) THIRTY-DAY DEADLINE Plaintiff’s complaint was recently screened and found to be devoid of a cognizable claim. 17 (Doc. 7.) Plaintiff was then ordered to file a first amended complaint, a notice of voluntary 18 dismissal, or a notice of election to stand on his complaint. Plaintiff now moves for an extension 19 20 21 22 23 24 of time to file a response. (Doc. 11.) Good cause appearing, this request will be granted. Plaintiff has also filed two motions for a subpoena to be served on the Litigation Coordinator at Coalinga State Hospital in Coalinga, California to obtain employment records that would help Plaintiff ascertain the identity of a John Doe defendant (Doc. 11) and to obtain a copy of a police report dated February 9, 2019 (Doc. 5). The Court finds Plaintiff’s motions for a subpoena to be premature in the absence of a cognizable claim and before the issuance of a 25 discovery and scheduling order. See Smith v. Municipality of Fresno, 1:19-cv-0651-DAD-EPG, 26 2019 WL 6618059, at *3 (E.D. Cal. Dec. 5, 2019) (“If the Court finds cognizable claims in this 27 matter and orders that the case proceed to the discovery stage, the Court will instruct Plaintiff as 28 to how to issue subpoenas.”); Wallace v. Pierce County Sheriff’s Dep’t, 3:19-cv-5329-RBL1 DWC, 2019 WL 2141640, at *6 (W.D. Wash. May 16, 2019) (denying request for a subpoena as 1 premature “[a]s the Court has not yet served Plaintiff’s complaint or entered a pre-trial scheduling 2 order.”) These motions will therefore be denied. 3 Based on the foregoing, the Court ORDERS as follows: 4 1. Plaintiff’s motion for extension of time (Doc. 11) is GRANTED. Plaintiff shall file 5 his response to the Court’s Screening Order within thirty days from the date of this 6 order; and 7 2. Plaintiff’s motions for a subpoena (Docs. 5, 11) are DENIED as premature. 8 9 10 11 IT IS SO ORDERED. Dated: September 7, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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