(PC) Medina v. Martinez et al

Filing 34

ORDER permitting limited Discovery signed by Magistrate Judge Erica P. Grosjean on 9/25/2023. Clerk to send Plaintiff two copies of Form AO 88B (Subpoena) and two copies of Form USM-285. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT MEDINA, JR.,
Plaintiff,

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Case No. 1:23-cv-00935-KES-EPG (PC)

v.

ORDER PERMITTING LIMITED
DISCOVERY

GUSTAVO MARTINEZ, et al.,
Defendants.

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Plaintiff Robert Medina, Jr. was confined in Fresno County Jail (FCJ) at the time the

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events giving rise to this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff

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proceeds pro se and in forma pauperis on his Eighth Amendment claim against Defendants

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J. Alvarez, Gustavo Martinez, and First-Name-Unknown (FNU) Martinez. On September 13,

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2024, waivers of service mailed to both Gustavo Martinez and FNU Martinez at FCJ by U.S.

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Marshals were returned unexecuted. (ECF No. 32). Notes indicate that G. Martinez is no longer

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at FCJ and that FNU Martinez could not be identified, and that more information is needed. (Id.

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at 1, 3). To be able to proceed against Defendants G. Martinez and FNU Martinez, Plaintiff

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must identify and serve these Defendants.

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Although Federal Rule of Civil Procedure 26(d)(1) generally provides that “[a] party

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may not seek discovery from any source before the parties have conferred as required by Rule

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26(f),” a party may do so “when authorized . . . by court order.” Here, the Court finds good
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cause to permit Plaintiff to issue a subpoena duces tecum to a third party for the limited

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purpose of discovery identity and current addresses of Defendants G. Martinez and FNU

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Martinez for the claims that proceed in this case. See Malibu Media, LLC v. Doe, 319 F.R.D.

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299, 305 (E.D. Cal. 2016) (noting that a court may permit, for good cause, early discovery to

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learn the identities of Doe defendants).

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Accordingly, the Court will allow Plaintiff to seek discovery through a subpoena duces

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tecum to request documents related to the identity and current addresses of Defendants

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G. Martinez and FNU Martinez. If Plaintiff wishes to use such a subpoena, within thirty days of

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this order, he should fill out forms AO 88B and USM-285 for each defendant, which the Court

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will have sent to Plaintiff, and return them to the Court. Once Plaintiff has completed and

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returned the forms, the Court will direct the United States Marshals Service to serve the

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subpoenas.1 Plaintiff should identify the person or entity he is seeking the documents from and

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the documents he is seeking with specificity. Plaintiff should only request documents that may

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assist him in identifying and serving Defendants G. Martinez and FNU Martinez.2 The Court

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notes that it may limit Plaintiff’s request for production of documents.

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Plaintiff has 120 days from the date of service of this order to identify and serve

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Defendants G. Martinez and FNU Martinez. Failure to serve Defendants by this deadline may

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result in the dismissal of Defendants G. Martinez and FNU Martinez. It is Plaintiff’s

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responsibility to seek documents that would assist him in identifying and serving these

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Defendants during this period.

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Accordingly, IT IS ORDERED as follows:

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1. The Clerk of Court is directed to send Plaintiff two copies of form AO 88B

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(a subpoena form) and two copies of form USM-285 (a United States Marshals

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form for process receipt and return).

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If after being served with the subpoena, the responding person or entity fails to respond or
objects to providing documents, Plaintiff may file a motion to compel. The motion must be filed with
the Court and served on the responding person or entity.
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The Court is not opening discovery generally. It is only allowing Plaintiff to subpoena
documents that may allow him to identify and serve Defendants G. Martinez and FNU Martinez.

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2. If Plaintiff wishes to seek documents from a person or entity regarding

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Defendants G. Martinez and FNU Martinez, Plaintiff has thirty days from the

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date of this order to complete and return forms AO 88B and USM-285 for each

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defendant.

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3. Plaintiff has 120 days from the date of this order to identify and serve

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Defendants G. Martinez and FNU Martinez.

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4. Plaintiff is not authorized to serve any other discovery outside the scope of this

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order without first filing a motion seeking leave to do so.

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5. Failure to comply with this order may result in the dismissal of Defendants

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G. Martinez and FNU Martinez.

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IT IS SO ORDERED.
Dated:

September 25, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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