Sutherland v. Herrmann et al

Filing 98

ORDER signed by Magistrate Judge Dale A. Drozd on 5/22/12 denying without prejudice 94 Motion. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM YOUNG SUTHERLAND, 11 Plaintiff, 12 13 No. CIV S-09-2391 WBS DAD P vs. S. HERRMANN, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. On April 5, 2012, plaintiff filed a motion for an order allowing him to serve 18 subpoenas duces tecum on non-parties to this action. Discovery is closed in this action and 19 defendants have filed a motion for summary judgment. Plaintiff’s motion for an order allowing 20 service of subpoenas duces tecum on non-parties to this action will be denied without prejudice 21 to plaintiff’s right to file, as appropriate, a request pursuant to Federal Rule of Civil Procedure 22 56(d) in opposition to the pending motion for summary judgment. 23 ///// 24 ///// 25 ///// 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s April 5, 2 2012 motion (Docket No. 94) is denied without prejudice. 3 DATED: May 22, 2012. 4 5 6 7 8 9 DAD:12 suth2391.dis4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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