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