Turner v. California Forensic Medical Group et al

Filing 30

ORDER denying 21 Motion for documents signed by Magistrate Judge Craig M. Kellison on 7/12/11. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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No. CIV S-09-3040-CMK-P

Plaintiff,
vs.

ORDER

CALIFORNIA FORENSIC MEDICAL
GROUP, et al.,

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Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for documents and subpoenas

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(Doc. 21).

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Plaintiff is requesting documents from the court pursuant to the California Public

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Records Act. He is requesting public records and evidence to be produced. Although unclear, it

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appears that he is requesting the court produce evidence available to him through the discovery

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process. Discovery has not yet commenced in this action as the case is not at issue and no

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answer is on file. In fact, service remains outstanding as to several defendants, and others have

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filed a motion for a more definite statement. Discovery will commence, if appropriate, at a later

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stage of these proceedings. In the mean time, plaintiff may choose to access public records from
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the appropriate public agency. Plaintiff is advised, however, that the court does not have any

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evidence or documents to forward to him, nor will the court accept evidence to store. Plaintiff

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may submit evidence to the court at the appropriate time, such as at trial or in support of a motion

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for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for documents
(Doc. 21) is denied.

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DATED: July 12, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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