Garraway v. Ciufo et al

Filing 117

ORDER DENYING 115 Plaintiff's Request for Issuance of Subpoenas as Untimely signed by Magistrate Judge Gary S. Austin on 11/11/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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Plaintiff,
v.

1:17-cv-00533-DAD-GSA (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR ISSUANCE OF
SUBPOENAS AS UNTIMELY
(ECF No. 115.)

JACQUILINE CIUFO, et al.,
Defendants.

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis with this civil rights

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action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). This case now proceeds

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with Plaintiff’s original Complaint filed on April 17, 2017, against defendants Jacqueline Ciufo

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(Unit Manager), K. Miller (Corrections Officer), and Lieutenant (Lt.) J. Zaragoza (collective ly,

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“Defendants”), for failure to protect Plaintiff in violation of the Eighth Amendment. (ECF No. 1.)

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On September 28, 2020, Plaintiff filed a request for the issuance of subpoenas duces tecum.

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(ECF No. 115.) Plaintiff’s request is untimely because discovery was closed on June 5, 2020.

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Pursuant to the court’s scheduling order issued on March 4, 2020, the deadline for conducting

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discovery in this case was June 5, 2020, and the deadline has not been extended. (ECF No. 97.)
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Therefore, discovery was closed before Plaintiff filed his request for the issuance of subpoenas and

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therefore Plaintiff’s request is untimely.

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subpoenas shall be denied.

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Accordingly, Plaintiff’s request for the issuance of

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request for the issuance
of subpoenas, filed on September 28, 2020, is DENIED as untimely.

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IT IS SO ORDERED.
Dated:

November 11, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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