Espino v. Arnold

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 1/02/20 DENYING 18 Motion to Compel. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN ESPINO,

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No. 2:17-cv-2198 KJM AC P

Plaintiff,

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v.

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ERIC ARNOLD,

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ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 9, 2019, plaintiff filed a motion to compel. ECF No. 18. The motion seeks

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a court order for the warden at California State Prison – Solano to produce records related to

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plaintiff’s June 6, 2016 transport to and from U.C. San Francisco’s retinal facility. See id. at 1.

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Plaintiff states that these records are needed so that he can provide the court with the names of the

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John Doe defendants. See id. at 1.

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The motion is premature. A First Amended Complaint (FAC) has recently been filed in

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this case after lengthy and repeated extensions of time. ECF No. 17. The FAC has not been

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screened, and accordingly has not been served on any defendants. If and when the FAC is

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screened and found suitable for service, and after named defendants appear and respond, a
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Discovery and Scheduling Order will issue. That order will provide information about the

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discovery process. When the discovery period begins, plaintiff may use the tools provided by the

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Federal Rules of Civil Procedure to request documents and information. If the responses he

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receives are inadequate, he may then bring a motion to compel. Until the discovery period opens,

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any motions related to discovery are premature.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel, filed

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December 9, 2019 (ECF No. 18), is DENIED.

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DATED: January 2, 2020

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