Summary
The United States District Court for the Eastern District of California denied without prejudice a state prisoner’s motion for a subpoena seeking medical records. The court held that the request was premature because defendants had not yet answered and the court had not issued a discovery and scheduling order, while noting that the records could be relevant to damages on the plaintiff’s excessive-force claims.
Holdings
- A motion for a subpoena seeking discovery is premature before defendants have filed an answer and before the court has issued its discovery and scheduling order.
- The requested medical records were relevant to plaintiff's excessive-force claims insofar as they could demonstrate damages, even though the claims concerning identification of the nurses who treated plaintiff on January 19, 2025, were no longer at issue.
Questions Presented
- Whether plaintiff's motion for a subpoena to obtain medical records was premature before defendants filed an answer and before the court issued a discovery and scheduling order.
- Whether plaintiff could seek medical records through discovery because they were relevant to damages on his excessive-force claims.
Disposition
other
Cases Cited (1)
- Olson v. Pope, 37 Cal. App. 3d 783 (1974)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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