Stephen v. Montejo et al

Filing 12

ORDER signed by Magistrate Judge Deborah Barnes on 12/20/2018 DENYING as premature plaintiff's 11 request for issuance of a subpoena. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

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No. 2:18-cv-1796 KJM DB P

v.

ORDER

E. MONTEJO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges deliberate indifference to his serious medical needs in

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violation of the Eighth Amendment. In an order filed September 20, 2018, this court found

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plaintiff failed to state any claims cognizable under § 1983 and gave plaintiff leave to file an

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amended complaint on his Eighth Amendment claims. (ECF No. 6.) On October 5, 2018,

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plaintiff filed a first amended complaint. (ECF No. 10.) The court has not yet screened this

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amended complaint.
On December 10, 2018, plaintiff filed a request that the court issue a subpoena for the

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production of documents. (ECF No. 11.) Plaintiff is advised that issuance of a subpoena

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constitutes discovery and discovery will not commence until three things happen. First, the court

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must find that plaintiff has stated a cognizable claim for relief and order service of the complaint

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on defendants. Second, defendants must file an answer. Third, after an answer is filed, the court

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will issue an order permitting discovery to commence.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for issuance of a

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subpoena (ECF No. 11) is denied as premature.

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Dated: December 20, 2018

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DLB:9
DB/prisoner-civil rights/step1796.subp

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