Robinson v. Adams, et al.

Filing 173

ORDER Denying Plaintiff's Motion for Subpoena 171 , signed by Magistrate Judge Dennis L. Beck on 5/10/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE H. ROBINSON,

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Plaintiff,
v.
D. G. ADAMS, et al.,
Defendants.

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Case No.: 1:08-cv-001380-AWI-BAM PC
ORDER DENYING PLAINTIFF’S MOTION FOR
SUBPOENA
(ECF No. 171)

Plaintiff George H. Robinson (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint against

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Defendants David, Miranda, Melo, Garcia, Mendoza, Martinez and Masiel for use of excessive force

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in violation of the Eighth Amendment; against Defendants Adams and Ruiz for failure to protect in

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violation of the Eighth Amendment; and against Defendants Martinez, David, Miranda and Garcia for

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assault and battery in violation of state law.

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On April 11, 2013, Plaintiff filed a subpoena addressed to Jeffrey Beard, Director of CDCR,

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and the California Department of Corrections and Rehabilitation for the production of documents.

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(ECF No. 171.) The Court construes this filing as a motion for issuance of a third-party subpoena.

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Plaintiff’s motion is untimely.

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Discovery in this matter is closed. On August 6, 2012, the Court re-opened discovery in this
matter solely to allow Plaintiff to propound ten (10) interrogatories each to Defendants David,
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Miranda and Martinez. (ECF No. 145.) No other discovery has been permitted. Accordingly,

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Plaintiff’s motion for issuance of a subpoena to non-party Jeffrey Beard and/or the California

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Department of Corrections and Rehabilitation is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 10, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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A. McAuliffe

10c20kb8554

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