Woodall v. State of California et al

Filing 82

ORDER GRANTING 77 Plaintiff's Motion for Subpoena Duces Tecum, signed by Magistrate Judge Dennis L. Beck on 3/9/2011. Subpoenas to issue after fifteen (15) days. (Jessen, A)

(PC) Woodall v. State of California et al

Doc. 82

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 NICK WOODALL, 9 10 v. Plaintiff, CASE NO. 1:08-CV-01948-OWW-DLB PC ORDER GRANTING PLAINTIFF'S MOTION FOR SUBPOENA DUCES TECUM (DOC. 77) SUBPOENAS TO ISSUE AFTER FIFTEEN (15) DAYS /

UNITED STATES DISTRICT COURT

11 STATE OF CALIFORNIA, et al., 12 13 14 15 Plaintiff Nick Woodall ("Plaintiff") is a prisoner proceeding pro se and in forma pauperis Defendants.

16 in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's 17 complaint, filed December 22, 2008, against Defendants T. Gonzalez, T. Lawson, Olive, A. 18 Raygosa, M. Sexton, and Valdez for violation of the Eighth Amendment. 19 Pending before the Court is Plaintiff's motion for subpoena duces tecum, filed February

20 8, 2011. Doc. 77. Plaintiff seeks the production of the following documents. 21 22 23 24 25 26 27 28 4. 2. 3. 1. The California State Prison - Corcoran's ("CSP-Cor") Facility 3A Second Watch Facility Sergeant's Post Orders, current as of September 13, 2007. The completed holding cell log relative to Plaintiff, dated September 13, 2007. The CSP-Cor's In-Service-Training (IST) Signature sheet reflecting Defendants T. Gonzales, T. Lawson, A. Olive, A. Raygosa, and M. Sexton receiving training relative to Operational Procedure #241 (Holding Cell Procedure), prior to September 13, 2007. The CSP-Cor Facility 3A Second Watch Daily Activity Log, dated September 13, 1
Dockets.Justia.com

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2007. The complete and unredacted Crime/Incident Report (CDCR Form 837) Incident Package, relative to the investigation and resultant search of Plaintiff's cell by Investigative Services Unit (ISU) in Housing Unit 3A01, cell # 125. Any and all documents, reports relative to the investigation which resulted in the searching of Plaintiff's cell in housing unit 3A01, cell #125, on September 13, 2007. The CSP-Cor First Watch Activity Log, dated September 12, 2007 and September 13, 2007. The CSP-Cor Second Watch Activity Log, dated September 13, 2007. The CSP-Cor Investigative Services Unit First Watch Activity Log, dated September 12, 2007. The CSP-Cor Investigative Services Unit First Watch Activity Log, dated September 13, 2007. Complete copies of any and all pages of CSP-Cor's Watch Office Sergeant's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Watch Office Officer's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Facility 3A Medical Clinic's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Facility 3A Sergeant's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's ISU Officer's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 2

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hours. Complete copies of any and all pages of CSP-Cor's ISU Sergeant's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's ISU Lieutenant's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's John D. Klarich Memorial Hospital Emergency Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Facility 3A, Housing Unit 01, Control Booth Officer's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Facility 3A, Housing Unit 01, Floor Officer's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Facility 3A Staff Sign-In/Out Sheets (a.k.a. "FLSA/PPAS"), beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's John D. Klarich Memorial Hospital Staff Sign-In/Out Sheets (a.k.a. "FLSA/PPAS"), beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's Institutional Gang Investigation (IGI) Officer's Logbook, beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. Complete copies of any and all pages of CSP-Cor's ISU Staff Sign-In/Out Sheets (a.k.a. "FLSA/PPAS"), beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours. 3

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25.

Complete copies of any and all pages of CSP-Cor's IGI Staff Sign-In/Out Sheets (a.k.a. "FLSA/PPAS"), beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours.

26.

Complete copies of any and all pages of CSP-Cor's Watch Office Staff SignIn/Out Sheets (a.k.a. "FLSA/PPAS"), beginning September 12, 2007 at 2200 hours through September 13, 2007, 1400 hours.

As stated previously by separate order, the Court finds these requests reasonably related

8 to lead to the discovery of admissible evidence, and will issue subpoenas duces tecum. This 9 order will constitute the notice required to the parties that a subpoena will issue. As it appears 10 that all of this information is retained at CSP-Cor, the Court will issue a subpoena on the Warden 11 of CSP-Cor. 12 Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion for subpoena

13 duces tecum, filed February 8, 2011, is GRANTED. A subpoena will issue from this Court to be 14 served by the United States Marshal pursuant to Federal Rule of Civil Procedure 45 after fifteen 15 (15) days from the date of service of this order. 16 17 18 3b142a 19 20 21 22 23 24 25 26 27 28 4 IT IS SO ORDERED. Dated:

March 9, 2011

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE