Moran v. Dovey et al

Filing 101

ORDER GRANTING 96 Request for Subpoena Duces Tecum ; ORDER DIRECTING Clerk's Office to Send Plaintiff Subpoena Duces Tecum for Completion and Return to the Court within Thirty Days signed by Magistrate Judge Gerald B. Cohn on 3/22/2011. (Sant Agata, S)

(PC) Moran v. Dovey et al

Doc. 101

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Nicolas Moran ("Plaintiff") is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 17 Plaintiff's second amended complaint, filed on November 18 2008. (Docs. 20, 29, 30). On 18 December 22, 2010, Plaintiff filed a motion to subpoena the California Department of Corrections 19 and Rehabilitation to produce documents filed in Plaintiff's central file (c-file) from November 21, 20 2006, to December 24, 2006. (Doc. 94). Defendants have not filed an objection to this motion. On 21 January 20, 2011, Plaintiff filed a motion to subpoena the California Department of Corrections and 22 Rehabilitation to produce documents filed in Plaintiff's medical, psychiatric and c-files from 23 November 21, 2006, to December 24, 2006. (Doc. 96). Defendants have not filed an objection to 24 this motion. On February 4, 2011, Plaintiff filed a proposed subpoena to the Litigation Coordinator 25 at Pleasant Valley State Prison to provide medical, psychiatric and c-file records filed between 26 November 21, 2006, to December 24, 2006. (Doc. 97). Defendants have not filed a response to 27 Plaintiff's proposed subpoena. On March 4, 2011, Plaintiff filed a motion to compel the Litigation 28 1
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UNITED STATES DISTRICT COURT

NICOLAS MORAN, Plaintiff, v.

CASE NO. 1:08-cv-00016-GBC (PC) ORDER GRANTING REQUEST FOR SUBPOENA DUCES TECUM (Docs. 96, 97)

JOHN DOVEY, et al., Defendants. ORDER DIRECTING CLERK'S OFFICE TO SEND PLAINTIFF SUBPOENA DUCES TECUM FOR COMPLETION AND RETURN / TO THE COURT WITHIN THIRTY DAYS

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Coordinator to produce documents which were requested in the February 4, 2011, proposed subpoena, namely, Plaintiff's medical, psychiatric and c-files from November 21, 2006, to December 24, 2006. Since Plaintiff's motion for subpoena duces tecum filed on January 20, 2011, is more expansive than the one filed on December 22, 2010, in that it includes requests for medical and psychiatric files in addition to the c-file, the Court STRIKES the motion for subpoena filed on December 22, 2010, as duplicative. (Doc. 94). Additionally, the Court reads Plaintiff's proposed subpoena filed on February 4, 2011, together with Plaintiff's January 20, 2011, motion for subpoena, since the subpoena filed on February 4, 2011, provides greater detail as to whom to direct the subpoena. Since the excessive force allegations that give rise to this action occurred on November 22, 2006, Plaintiff's request is sufficiently tailored to the records created between November 21, 2006 and December 24, 2006, and Plaintiff's request is appropriately directed to the Litigation Coordinator at Pleasant Valley State Prison. (Docs. 96 and 97). Therefore, Plaintiff's motion for subpoena duces tecum filed on January 20, 2011, (read together with proposed subpoena filed February 4, 2011) requiring the Litigation Coordinator at Pleasant Valley State Prison to produce records from Plaintiff's prison c-file, psychiatric and medical files from November 21, 2006, to December 24, 2006 is GRANTED. Therefore, Plaintiff's subsequent motion to compel, filed on March 4, 2011, is DENIED as moot. (Doc. 98).

As set forth herein, it is HEREBY ORDERED that: 1. Plaintiff's motion for subpoena duces tecum, filed January 20, 2011, (Doc. 96) is GRANTED; 2. Plaintiff's motion for subpoena duces tecum, filed December 22, 2011, (Doc. 94) is STRICKEN as duplicative; 3. Plaintiff's third motion to compel, filed March 4, 2011, (Doc. 98) is DENIED as moot; 4. The Clerks Office shall send plaintiff a subpoena duces tecum; 2

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 Dated: 0jh02o

5.

Within thirty (30) days from the date of service of this order, Plaintiff shall fill out the subpoena and return it for the Court to review.

IT IS SO ORDERED. March 22, 2011 UNITED STATES MAGISTRATE JUDGE

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