Free Order on Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-00408-WQH-BLM

Document 41

Filed 07/21/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAM JOHN DAUGHTERY, CDCR #F-79985, ) ) ) Plaintiff, ) v. ) ) DENNIS WILSON, San Diego Police ) Officer; ESMERALDA TAGABAN, San ) Diego Police Officer; SERGEANT ) GRIFFIN; DETECTIVE LEMUS, ) ) Defendants. ) ) Case No. 08cv0408-WQH (BLM) ORDER DENYING PLAINTIFF'S MOTION REQUESTING INFORMATION [Doc. No. 39] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On July 9, 2008, Plaintiff filed a "Motion Requesting Information from the Clerk." Doc. No. 39. In this motion, Plaintiff requests

assistance from the Court regarding participating in the settlement conference, obtaining discovery, locating defendants, and obtaining forms. Id. The Court cannot provide Plaintiff with advice or

assistance in determining the law or deciding how to obtain discovery or prosecute his case. Plaintiff is hereby warned that the Court will

reject any future documents seeking the Court's advice. Plaintiff's future discovery requests should be addressed to

Defendants, not this Court, and must comply with the Federal Rules of Civil Procedure. Nothing in this Order prohibits Plaintiff from seeking

08cv0408-WQH (BLM)

Case 3:08-cv-00408-WQH-BLM

Document 41

Filed 07/21/2008

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to

obtain

relevant

discovery,

including

some

of

the

information

requested in Plaintiff's motion, from Defendants via properly-framed interrogatories pursuant to Rule 33 of the Federal Rules of Civil Procedure, requests for admission pursuant to Rule 36, and/or requests for production of documents pursuant to Rule 34. Only if Plaintiff is

unable to obtain discovery from Defendants or third parties after utilizing the appropriate discovery channels in compliance with the Federal Rules and Civil Local Rules will the Court consider a properlyfiled motion to compel. Accordingly, Plaintiff's motion is DENIED. IT IS SO ORDERED. DATED: July 21, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE WILLIAM Q. HAYES U.S. DISTRICT JUDGE ALL COUNSEL

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08cv0408-WQH (BLM)