Scruggs v. Vance et al

Filing 125

ORDER signed by Magistrate Judge Kendall J. Newman on 05/10/11 ordering that plaintiff's 04/07/11 motion 123 is denied without prejudice. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ARTAY SCRUGGS,

11

Plaintiff,

12

vs.

13

No. 2:06-cv-0633 FCD KJN P

S. VANCE, et al.,

14

ORDER

Defendants.

15

/

16

Plaintiff is a prisoner proceeding through counsel, with a civil rights action

17

pursuant to 42 U.S.C. § 1983. On April 7, 2011, prior to the appointment of counsel, plaintiff

18

filed a motion for subpoena duces tecum seeking the production of various documents from

19

plaintiff’s central file at the prison for plaintiff’s use at trial. However, now that plaintiff is

20

represented by counsel, counsel may issue subpoenas for the production of documents and

21

witnesses at trial. Thus, plaintiff’s motion is denied without prejudice. Accordingly, IT IS

22

////

23

////

24

////

25

////

26

////

1

HEREBY ORDERED that plaintiff’s April 7, 2011 motion (dkt. no. 123) is denied without

2

prejudice.

3

DATED: May 10, 2011

4

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

scru0633.dn