Henson v. C.D.C.R. et al

Filing 40

ORDER DENYING Motion for Records 34 , signed by Magistrate Judge Michael J. Seng on 2/7/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERICK D. HENSON,

CASE NO. 1:16-cv-00471-LJO--MJS (PC)

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Plaintiff,
ORDER DENYING MOTION FOR RECORDS

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v.

(ECF NO. 34)

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CDCR, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 28 U.S.C. § 1983. The matter proceeds on Plaintiff’s

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Fourth Amendment claim against Defendant Dhillon.

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Before the Court is Plaintiff’s December 19, 2016 motion for records. (ECF No.
34.) Defendant filed no response.

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Plaintiff’s objective with this filing is unclear, but it appears he received copies of

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subpoenas requiring the California Department of Corrections and Rehabilitation to

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produce documents relating to Plaintiff, and he wants to obtain a copy of these same

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records.

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Plaintiff presumably is able to access his own prison records and prison medical

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files upon request. In any event, Defendant is not required to produce such documents

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to Plaintiff, or to pay for copies of them, unless they are the subject of a properly

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propounded request for production of documents. Plaintiff makes no showing that he has

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tried unsuccessfully to review his own file or that he has propounded a request for

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production of documents.

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Accordingly, Plaintiff’s motion for records is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

February 7, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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