(PC) Adkins v. Kernan, et al.

Filing 128

ORDER signed by Magistrate Judge Dennis M. Cota on 6/26/2024 DENYING plaintiff's 123 request for issuance of subpoena forms, DENYING plaintiff's 125 "motion for continuance," and GRANTING plaintiff's 124 motion for an extension of time. Plaintiff may file an opposition to defendants' motion for partial summary judgment within 30 days. (Yin, K)

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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 11 DUPREE LAMONT ADKINS, 12 Plaintiff, 13 14 No. 2:19-CV-0458-DMC-P v. ORDER DEBORAH BLACKWELL, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the Court are Plaintiff’s motion for an extension of time, ECF 19 No. 124, and Plaintiff’s “motion for continuance,” ECF No. 125. In his motion for an extension of time, Plaintiff seeks additional time to file an 20 21 opposition to Defendants’ motion for partial summary judgment. See ECF No. 124. According 22 to Plaintiff, additional time is needed in order to obtain affidavits from witnesses and that these 23 affidavits will support his claims. Concurrent with this motion, Plaintiff has filed a request for 24 the Clerk of the Court to issue blank subpoena duces tecum forms to obtain the affidavits. See 25 ECF No. 123. 26 /// 27 /// 28 /// 1 1 Plaintiff states that he is seeking affidavits from registered nurse Mary Spurgeon 2 and psychologist Patrick Faggianelli. See id. Plaintiff further states that these witnesses can 3 authenticate medical records and explain Plaintiff’s mental health assessment. See id. While 4 statements from these witnesses may be relevant to Plaintiff’s underlying substantive claims in 5 this case, the pending motion for partial summary judgment deals with the issue of exhaustion of 6 administrative remedies and not the underlying merits of Plaintiff’s claims. Plaintiff has not, 7 therefore, shown good cause for an extension of time based on the need for these affidavits. The 8 Court will nonetheless grant Plaintiff a brief extension of time to file his opposition to 9 Defendants’ motion for partial summary judgment. Turning to Plaintiff’s “motion for continuance,” Plaintiff opposes Defendants’ 10 11 request that fact-based discovery be stayed pending resolution of Defendants’ motion relating to 12 exhaustion. See ECF No. 125. Plaintiff’s motion will be denied because the Court has already 13 granted Defendants’ motion. See ECF No. 121. The current schedule is vacated. Discovery will 14 be re-opened once Defendants’ motion is resolved. Upon resolution of Defendants’ motion, the 15 Court will re-open discovery. Finally, as to Plaintiff’s request for issuance of blank subpoena duces tecum forms, 16 17 which Plaintiff states are needed in order to obtain affidavits from Ms. Spurgeon and Dr. 18 Faggianelli, Plaintiff is informed that subpoenas are not necessary in order to ask these witnesses 19 to provide affidavits. Additionally, as explained above, discovery is stayed pending resolution of 20 Defendants’ motion for partial summary judgment. Plaintiff’s request for issuance of subpoenas 21 will be denied. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff’s request for issuance of subpoena forms, ECF No. 123, is 4 2. Plaintiff’s “motion for continuance,” ECF No. 125, is DENIED. 5 3. Plaintiff’s motion for an extension of time, ECF No. 124, is GRANTED. 6 4. Plaintiff may file an opposition to Defendants’ motion for partial summary 3 7 DENIED. judgment within 30 days of the date of this order. 8 9 Dated: June 26, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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