Estrada v. Tassey et al

Filing 169

ORDER DENYING Plaintiff's 167 Motion for Issuance of Subpoena Duces Tecum signed by Magistrate Judge Dennis L. Beck on 2/18/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,

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v.

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TASSEY, et al.,

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Defendants.

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Case No.: 1:13cv00919 DLB (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR ISSUANCE OF
SUBPOENA DUCES TECUM
(Document 167)

Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action. Plaintiff filed his First Amended Complaint on August 7, 2013. Pursuant to
the Court’s screening order and Plaintiff’s notice of willingness to proceed on the cognizable claims,
this action is proceeding against (1) Defendants Gipson and Espinosa for retaliation in violation of the
First Amendment; and (2) Defendants Gipson, Espinosa, Lambert and Cavazos for violation of the
Eighth Amendment.

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Pursuant to the July 17, 2014, Discovery and Scheduling Order, discovery closed on December
15, 2014.
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Plaintiff has filed numerous untimely requests for subpoenas duces tecum. On February 13,
2015, he filed yet another request. As has been repeatedly explained to Plaintiff, his requests are
untimely because discovery closed on December 15, 2014.
Accordingly, his request is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

February 18, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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