Rapalo v. Lopez, et al.

Filing 35

ORDER Denying 34 Motion for Subpoenaed Documents without Cost, signed by Magistrate Judge Barbara A. McAuliffe on 7/18/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WALTER RAPALO,

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Plaintiff,

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v.
S. LOPEZ, et al.,
Defendants.

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Case No.: 1:11-cv-01695-LJO-BAM PC
ORDER DENYING PLAINTIFF’S REQUEST FOR
SUBPOENAED DOCUMENTS WITHOUT COST
(ECF No. 34)

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Plaintiff Walter Rapalo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Discovery in this matter opened on February

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19, 2014. On July 8, 2014, Plaintiff filed the instant motion requesting copies of subpoenaed

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documents free of charge. The Court finds a response unnecessary and the motion is deemed

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submitted.1 Local Rule 230(l).
In his moving papers, Plaintiff explains that he was served with a subpoena by defense

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counsel, which directed Ace Attorney Services, Inc. to copy all of Plaintiff’s medical records and

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inmate appeal files. Ace Attorney Services reportedly contacted Plaintiff and informed him that if

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wanted a copy of the records, then he would have to pay copy costs. Plaintiff claims that these records

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Defendants will not be prejudiced by an inability to respond as the Court lacks authority to grant
Plaintiff’s request.
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are central to this matter and, because he is indigent, the Court should order all documents obtained by

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Ace Attorney Services to be provided to him without cost.

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The Court lacks the authority to require a third-party to provide copies to Plaintiff free of

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charge. Further, Plaintiff has access to his medical records and prison files from which to obtain his

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own copies. Accordingly, Plaintiff’s request for copies of documents obtained by Ace Attorney

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Services without cost is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 18, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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