Goods v. McCumber, et al.

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 09/26/17 DENYING 39 plaintiff's motion without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY GOODS,

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No. 2:14-cv-2580 TLN KJN P

Plaintiff,
v.

ORDER

JEFFERY McCUMBER, et al.,
Defendants.

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Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks

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relief pursuant to 42 U.S.C. § 1983. This action was stayed on July 11, 2017. On July 24, 2017,

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plaintiff filed a motion seeking to obtain information as to defendant Kemp’s whereabouts.

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Plaintiff avers that defendant Kemp has retired from the CDCR, and asks the court or the U.S.

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Marshal to request W-2 tax information or the address where Kemp’s state retirement checks are

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mailed from the state’s Human Resources Department or the CDCR hiring authority.

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First, because this action is stayed, plaintiff’s motion is improperly-filed. Second, the

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court and the U.S. Marshal may not conduct discovery on behalf of plaintiff. Rather, plaintiff

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must seek this information through discovery from other defendants once the stay is lifted and

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they have appeared in the action. For these reasons, plaintiff’s motion is denied without prejudice

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to its renewal once the stay of this action has been lifted, a defendant has filed an answer, and the

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court has issued its discovery and scheduling order.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 39) is denied

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without prejudice.

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Dated: September 26, 2017

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/good2580.den

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