Garland v. California Department of Corrections et al

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 2/14/2017 ORDERING plaintiff's 17 general request for discovery is DENIED without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS GARLAND,

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Plaintiff,

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No. 2:16-cv-1856 AC P

v.

ORDER

CDCR Officers RASHEV & PIERCE,

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Defendants.

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Plaintiff is a Sacramento County Jail inmate proceeding pro se and in forma pauperis with

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this civil rights action filed pursuant to 42 U.S.C. § 1983. On February 7, 2017, the court set

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deadlines for discovery and dispositive motions. See ECF No. 15. On the same date, plaintiff

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signed and mailed a general request for discovery. See ECF No. 17.
Plaintiff is informed that court permission is not required to conduct discovery. Neither

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discovery requests nor responses should be filed with the court until such time as a party becomes

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dissatisfied with a response and has attempted unsuccessfully to obtain informal resolution with

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the opposing party. Only then may a party seek relief from the court pursuant to the Federal

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Rules of Civil Procedure. Plaintiff is further advised that the discovery requests he propounds on

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defendants should be narrowly tailored to obtain evidence that will support the claims this court

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has found cognizable in this action.1 See ECF No. 8.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s general request for discovery,

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ECF No. 17, is denied without prejudice.

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DATED: February 14, 2017

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Plaintiff’s discovery requests may include the following: (1) requests for admission (yes-or-no
statements of fact) directed to each defendant, see Fed. R. Civ. P. 36; (2) up to twenty-five
interrogatories (questions) directed to each defendant, see Fed. R. Civ. P. 33; and (3) requests for
copies of documents, electronically stored information, or other tangible evidence directed to
each defendant, see Fed. R. Civ. P. 34.
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