Quinn v. Dowbak

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2017 DENYING as premature 17 Request. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY WAYNE QUINN,

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No. 2:17-cv-992-EFB P

Plaintiff,
v.

ORDER

JOHN DOWBAK,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He requests “3 proof of service of deposition subpoena for personal appearance”

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so that he may “subpoena 3 doctors on [his] behalf.” ECF No 17. It is unclear whether plaintiff

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wishes to depose the three doctors or to secure their attendance as trial witnesses. Either way, the

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request (ECF No. 17) is denied as premature. If plaintiff wishes to depose the three doctors, he

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must await the court’s issuance of a discovery and scheduling order, which will set deadlines for

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conducting discovery and filing dispositive motions.1 If and when this case is scheduled for trial,

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the court will provide the parties with instructions for obtaining the attendance of any witnesses.

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So ordered.
DATED: December 12, 2017.

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The requirements for deposing nonparty witnesses are set forth in Rules 30 and 31 of the
Federal Rules of Civil Procedure.