UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 16, 2010
MARK NEUFER, PLAINTIFF,
JAMES A. YATES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING PLAINTIFF'S REQUEST FOR SUBPOENA (Doc. 12.)
Plaintiff Mark Neufer ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 17, 2009. (Doc. 1.) On January 13, 2010, Plaintiff filed a request for issuance of a subpoena duces tecum to compel Defendant Yates to produce documents. (Doc. 12.)
Discovery has not yet commenced in this action. The Court will establish a discovery schedule at a later stage of the proceedings by issuing a scheduling order which shall be served upon all parties to this action. Until then, the parties may not conduct discovery. Therefore, Plaintiff's request for issuance of a subpoena is premature and shall be denied as such.
Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's request for issuance of a subpoena is DENIED as premature.
IT IS SO ORDERED.
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