(PC) Johnson v. Dovey et al

Filing 133

ORDER Requiring Plaintiff to Supplement Motion, signed by Magistrate Judge Dennis L. Beck on 06/03/2011.(21 day deadline) (Martin, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GARRISON S. JOHNSON,

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CASE NO. 1:08-CV-00640-LJO-DLB PC

Plaintiff,

ORDER REQUIRING PLAINTIFF TO
SUPPLEMENT MOTION

v.
(DOC. 130)

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JOHN DOVEY, et al.,
Defendants.

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/

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Plaintiff Garrison S. Johnson (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendants Dunnahoe, V. Ybarra, Cunningham, Medrano, Holguin, Valasquez, G.

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Ybarra, Curliss, J. Gonzales, and K. Powell on claims of excessive force, inhumane conditions of

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confinement, retaliation, and state law claims. Pending before the Court is Plaintiff’s motion

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entitled “Motion For Contempt Citation, Sanctions, and Dispositive Relief” against non-parties

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Matthew Cate and Michael Stainer, filed May 26, 2011. Doc. 130. The Court treats the motion

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as a motion to compel pursuant to Federal Rule of Civil Procedure 45. On May 31, 2011, CDCR

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filed its response to the motion. Doc. 131.

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The Court had directed the United States Marshal to serve subpoena duces tecum on the

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above non-parties. Plaintiff contends that Matthew Cate and Michael Stainer have failed to

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respond. It appears that CDCR responded by serving written objections. Plaintiff has failed to

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submit these objections with his motion to compel. The Court cannot make a determination
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without CDCR’s objections. Accordingly, it is HEREBY ORDERED that Plaintiff is to file

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CDCR’s objections to the subpoenas within twenty-one (21) days from the date of service of this

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order. Failure to timely file will result in the denial of Plaintiff’s motion.

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IT IS SO ORDERED.
Dated:

June 3, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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