Golden v. High Desert State Prison

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 4/08/15 ordering that plaintiff's motion 28 is placed in the court file and disregarded. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYNE GOLDEN,

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No. 2:14-cv-1923 KJN P

Plaintiff,
v.

ORDER

R. LANKFORD, et al.,
Defendants.

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Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C.

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§ 636(c). Plaintiff filed a document entitled “Motion to release [Doctors] at CMF HDSP Puree

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Diet Orders.” (ECF No. 28 at 1.) It appears that plaintiff seeks a court order requiring prison

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officials to release to plaintiff the names of doctors at California Medical Facility (“CMF”) and

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High Desert State Prison (“HDSP”) who wrote orders for plaintiff to receive a pureed diet.

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First, plaintiff’s request is premature. Defendants have not yet been served in this action.

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Once defendants have appeared in this action, plaintiff may seek this information through

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discovery. See, e.g., Fed. R. Civ. P. 33, 34. Plaintiff may obtain this information by seeking an

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Olsen Review, which is an administrative process that provides prisoners with access to

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nonconfidential information in their central files and medical records.

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Second, once defendants have appeared in this action, plaintiff is informed that court
permission is not necessary for discovery requests and that neither discovery requests served on
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an opposing party nor that party’s responses should be filed until such time as a party becomes

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dissatisfied with a response and seeks relief from the court pursuant to the Federal Rules of Civil

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Procedure. Discovery requests between the parties shall not be filed with the court unless, and

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until, they are at issue.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 28) is placed

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in the court file and disregarded.

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Dated: April 8, 2015

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/gold1923.411

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