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Spencer v. Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 1, 2008

NATHAN SPENCER, PLAINTIFF,
v.
ROBERT J. HERNANDEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jan M. Adler U.S. Magistrate Judge

ORDER DENYING MOTION FOR DISCOVERY WITHOUT PREJUDICE

On March 4, 2008, Plaintiff, a state prisoner proceeding pro se, filed the above-entitled action alleging civil rights violations. Plaintiff moved for and was granted in forma pauperis status on April 9, 2008. On that same date, the U.S. Marshal was directed to effect service of summons and complaint pursuant to Fed. R. Civ. P. 4(c)(2) and 28 U.S.C. § 1915(d). To date, no Defendant has appeared in the action.

On April 25, 2008, Plaintiff filed a Motion for Discovery, seeking a Court order instructing the Department of Corrections and/or Richard J. Donovan Prison and/or Warden Robert Hernandez to fingerprint him in order to obtain certain documents and information pertaining to his "criminal history" from the California Department of Justice. While this Court can render no opinion regarding Petitioner's request in terms of any right Petitioner may have to fingerprinting pursuant to California Department of Justice or Department of Corrections rules and regulations, the motion is premature in any event as a request for discovery in this federal action.

Accordingly, Petitioner's motion is DENIED without prejudice to Petitioner making the same or a similar motion after the Court conducts its initial Case Management Conference in the action.

IT IS SO ORDERED.

20080501

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