Sims
(PS) Petersen v. Sims
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:19-CV-00138-DAD-EPG Plaintiff, ORDER DENYING MOTION FOR THIRD
PARTY SUBPOENA WITHOUT PREJUDICE
v. AND STAYING DISCOVERY PENDING
RESOLUTION OF DEFENDANTS’ MOTION
ANTHONY SIMS, JR., et al., TO DISMISS Defendants. (ECF No. 70) 16 Plaintiff, a federal prisoner proceeding pro se and in forma pauperis, filed a Bivens complaint that commenced this action on January 31, 2019. (ECF No. 1). On August 17, 2020, Defendants moved to dismiss the complaint, based in part on a defense of qualified immunity. (ECF No. 46). On August 20, 2020, Plaintiff Kyle Petersen filed a motion for the issuance of a subpoena on third-party California Department of Corrections and Rehabilitation. (ECF No. 70). Defendants filed an opposition on September 10, 2020, arguing that discovery should not commence until after their motion to dismiss has been resolved. (ECF No. 72). When a Plaintiff files a complaint…