Aleman v. North Kern State Prison, et al.

Filing 56

ORDER Reserving Ruling on 55 Plaintiff's Request for Issuance of a Subpoena Duces Tecum and ORDER Directing Response From Defendants to Request Within 14 Days signed by Magistrate Judge Erica P. Grosjean on 10/13/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:15-cv-01293-LJO-EPG (PC)

HECTOR ALEMAN,
Plaintiff,

ORDER RESERVING RULING ON
PLAINTIFF’S REQUEST FOR ISSUANCE
OF A SUBPOENA DUCES TECUM

v.

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C/O K. ACOSTA., et al.,

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Defendants.

ORDER DIRECTING RESPONSE FROM
DEFENDANTS TO REQUEST WITHIN 14
DAYS

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(ECF No. 55)

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Hector Aleman (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on a failure
to protect claim against Defendants Rentieria, Ledesma, Nuno, Fierros, Montalvo, Acosta, and
Garcia. (ECF No. 15).
On October 12, 2017, Plaintiff filed a motion requesting the issuance of a subpoena
duces tecum. (ECF No. 55.) Plaintiff asks the Court to subpoena an administrative appeal form
(referred to as a “602” form) dated October 15, 2014 and related to this case from F. Feliciano,
a California Department of Corrections and Rehabilitation (“CDCR”) Appeals Coordinator.
According to Plaintiff, the 602 was labeled as a staff complaint for excessive force. Plaintiff
did not receive this document when the Defendants made initial disclosures for this case.
The Court has reviewed the request and finds that it seeks relevant information within
the scope of Rule 26(b)(1) of the Federal Rules of Civil Procedure. Before the Court grants the
request to issue a subpoena duces tecum, the Court requests that defendants review Plaintiff's
request and indicate if (1) they will produce the document, or (2) they have conducted a search
of CDCR records and have been unable to locate such a document. The Court will rule on
Plaintiff's request (ECF No. 55) after receipt of Defendants' response.
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Defendants’ response shall be due within 14 days of this order.

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IT IS SO ORDERED.
Dated:

October 13, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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