Lambertson v. Lewis et al

Filing 72

ORDER by Judge James Donato denying 69 Motion for Contempt. (lrcS, COURT STAFF) (Filed on 8/30/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN D. LAMBERTSON,

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Plaintiff,

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ORDER TO SEND PLAINTIFF
TWO SUBPOENAS; DENYING
MOTION FOR CONTEMPT

v.

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G. D. LEWIS,

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Defendant.

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United States District Court
Northern District of California

Case No. 12-cv-05122-JD

Re: Dkt. No. 69

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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 was also sent Court document subpoenas with

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instructions. Plaintiff was informed that he should fill out the subpoenas and return them to the

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Court so that the Clerk may issue the subpoena and the Marshal may serve it on the subpoenaed

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party. Plaintiff needs to fill in all of the necessary information, but must leave the signature line

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blank so that the Clerk may sign it. This is because as a pro se litigant, plaintiff needs the Court’s

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Clerk to issue a subpoena. Fed. R. Civ. P. 45(a)(3).
Plaintiff has not returned the subpoenas to the Court but he did send to a non-party a

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subpoena to testify at a deposition that was unsigned by the Court’s Clerk. Plaintiff also stated

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that the non-party should produce certain documents at the deposition.1 Plaintiff’s motion to

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He may have also sent document subpoenas that were unsigned by the Court’s Clerk.

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depose the non-party was denied. Plaintiff’s pending motion to hold the non-party in contempt

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(Docket No. 69) is denied as meritless.

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The Court will send plaintiff two more document subpoenas to obtain the records he seeks.

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Plaintiff must follow the instructions below. Plaintiff must not send the subpoena directly to

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any party. He must fill out the forms and return them the Court. The subpoenas are to obtain

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documents, they are not for any person to appear or testify at a deposition.
CONCLUSION

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1. Plaintiff’s motion for contempt (Docket No. 69) 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.
P. 45(a)(3). Therefore, the Clerk shall send to plaintiff 2 blank document subpoena forms

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United States District Court
Northern District of California

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(subpoena duces tecum) for plaintiff to fill out and return to the Court so that the Clerk may issue

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

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

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IT IS SO ORDERED.
Dated: August 30, 2016

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JAMES DONATO
United States District Judge

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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 August 30, 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: August 30, 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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