(PC)Dayton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN MICHAEL DAYTON, No. 2:20-cv-2093 KJN P 12 Plaintiff, 13 v. ORDER 14 REILLY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. On November 6, 2020, plaintiff filed a 18 letter accompanied by a civil subpoena duces tecum requesting various documents, as well as 19 preservation of the video recording of the January 9, 2020 incident at issue herein. Plaintiff 20 claims that such video exists because it was used during the fact investigation conducted in 21 connection with his appeal no. SAC-A-20-00773; AIMS 3 N-AIMS-SAC-0112-20 (second level 22 response). (ECF No. 8.) 23 Plaintiff’s filing is premature. Defendants have not yet been served with process or 24 appeared in this action. Discovery will not begin until the undersigned issues a discovery and 25 scheduling order. Then, once discovery begins, plaintiff should seek the production of documents 26 by propounding such requests to defendants, rather than by subpoena duces…