Coleman v. Adams, et al.
Filing
84
ORDER DENYING Plaintiff's 73 Motion for Subpoena for Production of Documents, signed by Magistrate Judge Gerald B. Cohn on 4/13/2012. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SAAHDI COLEMAN,
CASE NO. 1:06-cv-00836-AWI-GBC (PC)
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Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
FOR SUBPOENA FOR PRODUCTION OF
DOCUMENTS
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v.
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DERRAL G. ADAMS, et al.,
Doc. 73
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Defendants.
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/
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I. Procedural History
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On June 29, 2006, Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On May 6, 2009, the Court found a
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cognizable Eighth Amendment claim for deliberate indifference to medical need as to Plaintiff’s
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vision problems and falling from his top bunk. Doc. 18. On September 3, 2010, the Court issued a
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discovery and scheduling order, setting a discovery deadline of May 3, 2011. Doc. 55. On May 23,
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2011, the Court granted Plaintiff’s motion for extension of the discovery deadline, setting a revised
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discovery deadline of August 1, 2011. Doc. 65. On August 4, 2011, the Court granted Defendants’
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motion for extension of time to respond to Plaintiff’s discovery requests, setting a deadline of August
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29, 2011. Doc. 67. On October 6, 2011, the Court granted Defendants’ motion for extension of the
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dispositive motion deadline, setting a revised dispositive motion deadline of November 7, 2011.
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Doc. 69. On October 6, 2011, Defendants filed a motion for summary judgment. Doc. 70. On
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November 15, 2011, Plaintiff filed a motion for subpoena for production of documents from a
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nonparty, i.e., custodian of consumer employee records. Doc. 73. On March 9, 2012, Plaintiff filed
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an opposition to the motion for summary judgment, memorandum of points and authorities,
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statement of undisputed facts, exhibits, and response to Defendants’ statement of undisputed facts.
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Docs. 75-79. On March 26, 2012, Defendants filed reply to Plaintiff’s opposition to the motion for
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summary judgment. Doc. 82. This matter is deem submitted pursuant to Local Rule 230(l).
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II. Analysis
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First, subject to certain requirements, Plaintiff is entitled to the issuance of a subpoena
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commanding the production of documents or tangible things from a nonparty, and to service of the
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subpoena by the United States Marshal. Fed. R. Civ. P. 45; 28 U.S.C. § 1915(d). However, the Court
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will consider granting such a request only if the documents or tangible things sought from the
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nonparty are not equally available to Plaintiff and are not obtainable from Defendants through a
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request for the production of documents or tangible things. Fed. R. Civ. P. 34. If Defendants object
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to Plaintiff’s discovery request, a motion to compel is the next required step. If the Court rules that
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the documents or tangible things are discoverable but Defendants do not have care, custody, and
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control of them, Plaintiff may then seek a subpoena of a nonparty. Alternatively, if the Court rules
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that the documents are not discoverable, the inquiry ends. The Court will not issue a subpoena for
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a nonparty individual without Plaintiff first following the procedure outlined above.
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Second, the Court extended the discovery deadline to August 1, 2011. Doc. 65. In
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Defendants’ motion to extend the dispositive motion deadline to November 7, 2011, Defendants
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stated that discovery had not been completed. Doc. 68. Plaintiff did not move to extend the discovery
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deadline. Therefore, Plaintiff’s motion for subpoena, filed after the discovery deadline, is untimely.
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Despite his pro se status, Plaintiff is not entitled to any latitude for the untimeliness. See Fingerhut
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Corp. v. Ackra Direct Mktg. Corp., 86 F.3d 852, 856–57 (8th Cir. 1996) (stating that pro se
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representation does not excuse a litigant from complying with court orders); Jourdan v. Jabe, 951
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F.2d 108, 109 (6th Cir. 1991) (explaining that although courts should liberally construe pro se
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plaintiffs’ legal arguments and strictly construe their compliance with procedural requirements); see
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also Carter v. Comm’r, 784 F.2d 1006, 1008–09 (9th Cir.1986) (noting that pro se plaintiffs must
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follow the rules of the court). Therefore, Plaintiff’s motion for subpoena is untimely. Fed. R. Civ.
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P. 16(b).
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Third, Plaintiff does not demonstrate how the documents are relevant to the allegations in
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his complaint. Under Rule 26 of the Federal Rules of Civil Procedure, “[p]arties may obtain
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discovery regarding any non-privileged matter that is relevant to any party’s claim or defense.” Fed.
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R. Civ. P. 26(b). In Plaintiff’s motion for subpoena, Plaintiff requests weekly tracking reports to
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identify overdue appeals. Since Plaintiff’s claim is Eighth Amendment claim deliberate indifference
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to medical need as to Plaintiff’s vision problems and falling from his top bunk, overdue appeals are
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not relevant to Plaintiff’s claim.
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III. Conclusion
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The Court finds that Plaintiff did not demonstrate that he followed the proper procedure to
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request a subpoena for a nonparty individual; that Plaintiff’s discovery motion is untimely; and that
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Plaintiff’s discovery request is not relevant to his pending claim. Based on the foregoing analysis,
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Plaintiff’s motion for subpoena is DENIED.
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IT IS SO ORDERED.
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Dated:
7j8cce
April 13, 2012
UNITED STATES MAGISTRATE JUDGE
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