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Neufer v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 16, 2010

MARK NEUFER, PLAINTIFF,
v.
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.

20100916

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