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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN D. LAMBERTSON,
Plaintiff,

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United States District Court
Northern District of California

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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

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Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

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1983. Plaintiff alleges that three Doe defendants failed to protect him from an assault by other

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inmates. While this claim is sufficient to proceed plaintiff must provide the identities of the

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defendants for service. Plaintiff was informed that he may seek such information through the

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California Public Records Act or any other means available such as seeking reports from his

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central file concerning the incident. Plaintiff may also use a Court subpoena which the Court

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provided with instructions. Plaintiff sent a letter stating that he did not receive the subpoena,

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therefore the Court will resend it.

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Plaintiff has also filed a motion for leave to file depositions. However, there are no served

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defendants in this case. Warden Lewis was previously a defendant and counsel made an

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appearance, but Lewis was dismissed from this case which was upheld on appeal. Docket No. 58.

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Because there are no served defendants in this action, plaintiff’s motion for depositions is denied.

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Plaintiff may engage in discovery once the defendants have been served.

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CONCLUSION

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1. Plaintiff’s motion for depositions (Docket No. 64) is DENIED.

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2. As a pro se litigant, plaintiff needs the Court’s Clerk to issue a subpoena. Fed. R. Civ.

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P. 45(a)(3). Therefore, the Clerk shall send to plaintiff 2 blank records subpoena forms for

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plaintiff to fill out and return to the Court so that the Clerk may issue the subpoena and the

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Marshal may serve it on the subpoenaed party. Plaintiff needs to fill in all of the necessary

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information, but must leave the signature line blank so that the Clerk may sign it.

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IT IS SO ORDERED.
Dated: July 7, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN D. LAMBERTSON,

Case No. 12-cv-05122-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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G. D. LEWIS,
Defendant.

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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

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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.

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John D. Lambertson ID: V92821
Kern Valley State Prison
P.O. Box 5103
Delano, CA 93216

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Dated: July 7, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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