Belyew v. Duch et al

Filing 40

ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/6/2020 DENYING plaintiff's 35 motion to compel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:17-cv-1213-JAM-JDP P

LISA BELYEW,
Plaintiff,

ORDER

v.
DUCH, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. She has filed a motion to compel non-party Sally Anderson of the California

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Legal Information Center to respond to her request for production of documents. ECF No. 35.

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The court previously informed plaintiff that requests for production may only be served upon

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parties. ECF No. 34; see also Fed. R. Civ. P. 34. Because Ms. Anderson is not a party to this

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action, the court cannot compel her to respond to plaintiff’s request for production. Plaintiff may,

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however, request a subpoena under Federal Rule of Civil Procedure 45. If her request is granted,

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she may serve the subpoena on the aforementioned entity and request production of the desired

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documents.

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Accordingly, it is ORDERED that plaintiff’s motion to compel (ECF No. 35) is DENIED.
DATED: October 6, 2020

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