Opinion
2:19-cv-0017 JAM KJN P
04-18-2022
FRANCOIS P. GIVENS, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants.
ORDER
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action seeking relief under 42 U.S.C. § 1983. On April 6, 2022, plaintiff filed a request for two subpoenas duces tecum and one USM-285 form, along with any related instructions.
Plaintiff's request is premature. At present, two findings and recommendations are pending as to plaintiff's motions to compel, for stay, and to amend, all related to the status of decedent Dr. Harry Newman or his potential successor, and no discovery and scheduling order has issued in this case. As noted, because plaintiff is proceeding in forma pauperis, he must file 1 a properly-supported motion to obtain a subpoena duces tecum. Moreover, to the extent plaintiff seeks information concerning the identity of a representative of decedent Newman's estate, plaintiff must await the district court's ruling on the pending findings and recommendations before filing such a motion.
The USM-285 form is required for service of process that is determined by the court when screening a complaint. At present, no USM-285 form is required.
Accordingly, IT IS HEREBY ORDERED that plaintiffs request (ECF No. 60) is denied without prejudice. 2