Thompson v. Mauck, et al

Filing 69

ORDER signed by Magistrate Judge Craig M. Kellison on 9/16/13 DENYING as moot 61 and 63 Motions for issuance of subpoenas. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DeWAYNE THOMPSON,

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No. 2:09-CV-3478-JAM-CMK-P

Plaintiff,
ORDER

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vs.
CHRIS MAUCK, et al.,
Defendants.

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/
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions to issue subpoenas (Doc.

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61, 63). These motions were filed prior to the settlement conference the parties participated in on

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April 4, 2013. The parties were able to reach a settlement agreement at the settlement

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conference, and the court is currently awaiting dispositional documents, which are expected to be

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filed on or about October 7, 2013. As the parties have reached a settlement agreement, it no

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longer appears necessary for any subpoenas to be issued. Plaintiff’s motions will therefore be

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denied as moot. If the appropriate dispositional documents are not filed, and this case continued

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on toward trial, the issuance of subpoenas may be addressed at a later time, and plaintiff may file

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a renewed motion.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for issuance of
subpoenas (Docs. 61, 63) are denied without out prejudice as moot.

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DATED: September 16, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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