(PC)Overstreet v. White et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 1/10/22 DENYING 33 Motion for discovery. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMIE RYAN OVERSTREET, 12 No. 2:20-cv-0633 AC P Plaintiff, 13 v. 14 M. WHITE, et al., 15 ORDER Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 17 18 § 1983, has filed a motion seeking the last known address for defendant White. ECF No. 33. By order filed December 8, 2021, plaintiff was ordered to provide additional information 19 20 for the service of defendant White who was unable to be identified based on the information 21 previously provided. ECF No. 30. He was advised that if access to the required information was 22 denied or unreasonably delayed, he could seek judicial intervention. Id. However, while plaintiff 23 is requesting the court order the prison to release defendant White’s last known address, he has 24 not alleged or shown that he has been denied access to this information. ECF No. 33. The 25 motion will therefore be denied without prejudice to another request that demonstrates that 26 plaintiff has been denied the information he seeks. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for discovery, ECF No. 2 33, is DENIED without prejudice. 3 DATED: January 10, 2022 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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