Ford v. California Health Care Facility et al.

Filing 75

ORDER signed by Magistrate Judge Deborah Barnes on 11/6/2017 DENYING plaintiff's 74 motion regarding discovery and a subpoena. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARREN VINCENT FORD,

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No. 2:15-cv-2588 GEB DB P

Plaintiff,
v.

ORDER

JAHANGIRI,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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under 42 U.S.C. § 1983. Plaintiff alleges defendant Jahangiri violated plaintiff’s Eighth

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Amendment rights when Jahangiri failed to take any protective measures after plaintiff threatened

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to commit suicide.

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In a document filed on September 21, 2017 and entitled “Motion for leave to Amend Petition

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and Proposed Amended Petition,” plaintiff appears to be seeking assistance in obtaining

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documents he requested from the California Health Care Facility and seeking issuance of a

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subpoena for “Officer Lattimore,” who plaintiff contends is a “very valuable witness.” (ECF No.

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74.) To the extent plaintiff is seeking help with discovery, the deadline for filing motions

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regarding discovery was April 14, 2017. (See Feb. 9, 2017 Order (ECF No. 44).) Therefore,

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that motion comes too late. To the extent plaintiff is seeking evidence to present at trial, his

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request is premature. Currently pending before the court is defendant’s summary judgment
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motion. (ECF No. 61.) On August 17, 2017, plaintiff filed an opposition to that motion. (ECF

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No. 68.) If that motion is denied, then plaintiff will be informed about procedures for procuring

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witnesses and preparing for trial. Until that point, any motions for subpoenas are premature and

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will be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion regarding discovery and a

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subpoena (ECF No. 74) is denied.

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Dated: November 6, 2017

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DLB:9
DLB1/prisoner-civil rights/ford2588.dis mot

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