Lambertson v. Lewis et al

Filing 67

ORDER by Judge James Donato denying 64 Motion for Leave to File Depositions.. (lrcS, COURT STAFF) (Filed on 7/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN D. LAMBERTSON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 12-cv-05122-JD ORDER TO SEND PLAINTIFF TWO SUBPOENAS; DENYING MOTION TO FILE DEPOSITIONS v. G. D. LEWIS, Defendant. Re: Dkt. No. 64 12 13 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 14 1983. Plaintiff alleges that three Doe defendants failed to protect him from an assault by other 15 inmates. While this claim is sufficient to proceed plaintiff must provide the identities of the 16 defendants for service. Plaintiff was informed that he may seek such information through the 17 California Public Records Act or any other means available such as seeking reports from his 18 central file concerning the incident. Plaintiff may also use a Court subpoena which the Court 19 provided with instructions. Plaintiff sent a letter stating that he did not receive the subpoena, 20 therefore the Court will resend it. 21 Plaintiff has also filed a motion for leave to file depositions. However, there are no served 22 defendants in this case. Warden Lewis was previously a defendant and counsel made an 23 appearance, but Lewis was dismissed from this case which was upheld on appeal. Docket No. 58. 24 Because there are no served defendants in this action, plaintiff’s motion for depositions is denied. 25 Plaintiff may engage in discovery once the defendants have been served. 26 CONCLUSION 27 1. Plaintiff’s motion for depositions (Docket No. 64) is DENIED. 28 2. As a pro se litigant, plaintiff needs the Court’s Clerk to issue a subpoena. Fed. R. Civ. 1 P. 45(a)(3). Therefore, the Clerk shall send to plaintiff 2 blank records subpoena forms for 2 plaintiff to fill out and return to the Court so that the Clerk may issue the subpoena and the 3 Marshal may serve it on the subpoenaed party. Plaintiff needs to fill in all of the necessary 4 information, but must leave the signature line blank so that the Clerk may sign it. 5 6 IT IS SO ORDERED. Dated: July 7, 2016 7 8 JAMES DONATO United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOHN D. LAMBERTSON, Case No. 12-cv-05122-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 G. D. LEWIS, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on July 7, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 John D. Lambertson ID: V92821 Kern Valley State Prison P.O. Box 5103 Delano, CA 93216 19 20 21 Dated: July 7, 2016 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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