Bryant v. Gallagher et al

Filing 53

ORDER Denying Plaintiff's 51 Motion for Subpoenas signed by Magistrate Judge Barbara A. McAuliffe on 02/29/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN DARNELL BRYANT,

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Plaintiff,

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CASE NO. 1:11-cv-00446-BAM PC
ORDER DENYING PLAINTIFF’S MOTION FOR
SUBPOENAS

v.
(ECF No. 51)

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GALLAGHER, et al.,

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Defendants.
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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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first amended complaint, filed July 5, 2011, against Defendant Romero for deliberate indifference

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in violation of the Eighth Amendment, and Defendants Gallagher and Romero for conspiracy,

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retaliation in violation of the First Amendment, and failure to protect in violation of the Eighth

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Amendment. Discovery opened on February 22, 2012. On February 27, 2012, Plaintiff filed a

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motion for two subpoenas for the attendance of witnesses.

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At this juncture in the proceedings no hearing has been set that requires the attendance of

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witnesses. Should a hearing be set that required witnesses Plaintiff will be notified of the procedure

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to obtain the attendance of witnesses.

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Accordingly, Plaintiff’s motion for subpoenas, filed February 27, 2012, is HEREBY
DENIED.
IT IS SO ORDERED.
Dated:
cm411

February 29, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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