Gradford v. McDougall et al

Filing 52

ORDER GRANTING Plaintiff's 51 Request to Proceed without Issuance of Subpoena signed by Magistrate Judge Gary S. Austin on 9/26/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,
v.

1:17-cv-00201-DAD-GSA-PC
ORDER GRANTING PLAINTIFF’S
REQUEST TO PROCEED WITHOUT
ISSUANCE OF SUBPOENA
(ECF No. 51.)

MCDOUGALL, et al.,
Defendants.

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William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds with

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Plaintiff’s initial Complaint, filed on February 13, 2017, against defendants Tiexiera and

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McCarthy for retaliation in violation of the First Amendment. (ECF No. 1.)

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On March 23, 2018, the court issued a discovery and scheduling order opening discovery

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and setting out pretrial deadlines for the parties to this case. (ECF No. 33.) The deadline to

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complete discovery, including the filing of motions to compel, expired on August 23, 2018. (Id.)

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The deadline for the parties to file pretrial dispositive motions is October 22, 2018. (Id.)

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On September 12, 2018, the court issued an order denying Plaintiff’s pending motions to

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compel and granting Plaintiff thirty days in which to file a request for issuance of a subpoena

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duces tecum directed to the Stanislaus County Sheriff’s Department for production of documents.

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(ECF No. 50.) The order informed the parties that if Plaintiff did not file a request for issuance
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of a subpoena within thirty days the court would consider the discovery matter closed and the

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case would proceed without further notice. (Id. at 9.)

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On September 24, 2018, Plaintiff filed a request for this case to proceed without the

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issuance of a subpoena duces tecum. (ECF No. 51.) The court finds good cause to grant

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Plaintiff’s request.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for this case to proceed
without the issuance of a subpoena duces tecum, filed on September 24, 2018, is GRANTED.

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IT IS SO ORDERED.
Dated:

September 26, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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