West v. Pettigrew et al

Filing 100

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/13 DENYING WITHOUT PREJUDICE 96 Motion to Serve a Subpoena Duces Tecum on Salinas Valley State Prison, to plaintiff's right to propound discovery during the period of discovery set in the 81 Revised Scheduling Order; GRANTING 97 Motion to Serve a Subpoena Duces Tecum on California Medical Facility; DENYING AS MOOT 90 Motion for Extension; and GRANTING 99 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order in which to file a motion to compel. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A. WEST,

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Plaintiff,

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No. 2:11-cv-01692-JAM-JFM

v.

ORDER

RYAN PETTIGREW, et al.,

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Defendants.

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On September 30, 2013, plaintiff filed requests for permission to serve a subpoena duces

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tecum on Salinas Valley State Prison and California Medical Facility. (ECF Nos. 96, 97.) With

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regard to the items plaintiff requests from Salinas Valley Prison, the California Department of

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Corrections regulations provide a process through which plaintiff can make written requests to

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prison officials for documents and other items, which appears to cover the items plaintiff seeks in

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his current request for a subpoena. See Cal. Code Regs. tit. 15, § 3086. Plaintiff does not need

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court permission to serve discovery requests on a third party and has given no indication that he

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has attempted to seek the requested items from Salinas Valley State Prison through this internal

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procedure and been denied access to the items he is requesting. Accordingly, his request to serve

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a subpoena duces tecum on Salinas Valley State Prison (ECF No. 96) will be denied without

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prejudice.

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Plaintiff’s request to serve California Medical Facility, however, will be granted as the

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court finds that there is good cause for the items plaintiff requests. This court has granted

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plaintiff permission to proceed in forma pauperis by order filed July 12, 2011. (ECF No. 4.)

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Service of subpoenas must be made by personal service or the subpoena is null and void. Fed. R.

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Civ. P. 45(c); Gillam v. A. Shyman, Inc., 22 F.R.D. 475 (D. Alaska 1958). The United States

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Marshal is hereby directed to serve subpoenas received from plaintiff without prepayment of

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costs until further order of the court.

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Additionally, plaintiff has filed a motion for an extension of time to file a reply to
defendants’ opposition filing. (ECF No. 90.) Plaintiff filed his reply on September 27, 2013.

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(ECF No. 93.) Accordingly, this motion is denied as moot. Plaintiff has also filed another

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motion for an extension of time to file a motion to compel. (ECF No. 99.) Good cause

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appearing, this motion is granted.

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s September 30, 2013 motion to serve a subpoena duces tecum on Salinas

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Valley State Prison (ECF No. 96) is denied without prejudice to plaintiff’s right to propound

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discovery during the period of discovery set in the revised scheduling order (ECF No. 81);

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2. Plaintiff’s September 30, 2013 motion to serve a subpoena duces tecum on California
Medical Facility (ECF No. 97) is granted;
3. Plaintiff’s September 23, 2013 motion for an extension of time (ECF No. 90) is denied
as moot;

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4. Plaintiff’s October 21, 2013 motion for an extension of time (ECF No. 99) is granted;

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5. Plaintiff is granted 30 days from the date of this order in which to file a motion to

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compel.

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Dated: October 28, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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