(PC) Johnson v. Dovey et al

Filing 185

ORDER DENYING Plaintiff's 175 Motion for Subpoena Duces Tecum signed by Magistrate Judge Dennis L. Beck on 8/27/2012. (Sant Agata, 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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Plaintiff,
v.

Case No. 1:08-cv-00640-LJO-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR SUBPOENA DUCES
TECUM (ECF No. 175)

JOHN DOVEY, et al.,
Defendants.

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Plaintiff Garrison S. Johnson (“Plaintiff”) is a California state prisoner proceeding pro se and

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

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Defendants Dunnahoe, V. Ybarra, Cunningham, Medrano, Holguin, Valasquez, G.Ybarra, Curliss, J.

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Gonzales, and K. Powell on claims of excessive force, inhumane conditions of confinement,

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retaliation, and state law claims. On June 22, 2012, Plaintiff filed a motion for the issuance of a

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subpoena duces tecum to be served on the warden of California Correctional Institution. ECF No.

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175. On August 22, 2012, the Court issued an order regarding the issuance of subpoena duces tecum

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in this action. The Court provided CDCR, a non-party to this action, twenty-one days from the date

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of service of this order by which to file a declaration with the Court that the document in question

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was produced for Plaintiff. On August 24, 2012, CDCR through its counsel submitted a declaration
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stating that the document had been served on Plaintiff. ECF No. 183. Because CDCR appears to

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have served the document on Plaintiff, the issuance of a subpoena duces tecum is unnecessary.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for subpoena duces tecum, filed June

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22, 2012, is denied as unnecessary.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 27, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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