Walker v. Poole, 1:16-cv-01665-AWI-EPG (PC). (2019)
Court: District Court, E.D. California
Number: infdco20190328913
Visitors: 10
Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: ORDER ON PLAINTIFF'S MOTION FOR DISCOVERY (ECF NO. 82) ERICA P. GROSJEAN , Magistrate Judge . Roger Walker ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983. On March 26, 2019, Plaintiff filed a motion for discovery. (ECF No. 82). Plaintiff requests discovery from "Defendants and their emplyers [sic]). ( Id. at 1). As discovery requests should be served on defense counsel and not filed as a motion,
Summary: ORDER ON PLAINTIFF'S MOTION FOR DISCOVERY (ECF NO. 82) ERICA P. GROSJEAN , Magistrate Judge . Roger Walker ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983. On March 26, 2019, Plaintiff filed a motion for discovery. (ECF No. 82). Plaintiff requests discovery from "Defendants and their emplyers [sic]). ( Id. at 1). As discovery requests should be served on defense counsel and not filed as a motion, ..
More
ORDER ON PLAINTIFF'S MOTION FOR DISCOVERY
(ECF NO. 82)
ERICA P. GROSJEAN, Magistrate Judge.
Roger Walker ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On March 26, 2019, Plaintiff filed a motion for discovery. (ECF No. 82). Plaintiff requests discovery from "Defendants and their emplyers [sic]). (Id. at 1). As discovery requests should be served on defense counsel and not filed as a motion, Plaintiff's motion for discovery will be denied.1 However, defense counsel will be directed to treat the motion as discovery requests that were served as of the date of this order.
In the future, Plaintiff should mail his discovery requests to defense counsel, rather than filing them with the Court. If Plaintiff wishes to challenge Defendants' response to a discovery request, after Plaintiff has sent the requests to Defendants and received their response, Plaintiff may then file a motion to compel with this Court.
Accordingly, IT IS ORDERED that Plaintiff's motion for discovery is DENIED, and that defense counsel shall treat the motion as discovery requests that were served as of the date of this order.
IT IS SO ORDERED.
FootNotes
1. If Plaintiff is seeking documents that are only available from a non-party, Plaintiff should file a motion for a subpoena duces tecum.
Source: Leagle
