Lambertson v. Lewis et al
Filing
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ORDER by Judge James Donato denying 73 Motion to Correct Mistake.. (lrcS, COURT STAFF) (Filed on 12/14/2016)
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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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ORDER DENYING MOTION
v.
Re: Dkt. No. 73
G. D. LEWIS,
Defendant.
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United States District Court
Northern District of California
Case No. 12-cv-05122-JD
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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 on three separate occasions. Plaintiff was informed that he should fill out the
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subpoenas and return them to the Court so that the Clerk may issue the subpoena and the Marshal
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may serve it on the subpoenaed party. Plaintiff was told that he needed to fill in all of the
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necessary information, but must leave the signature line blank so that the Clerk may sign it. This
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is because 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).
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Plaintiff has still not returned the subpoenas to the Court. Within twenty-one (21) days
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plaintiff shall either return the subpoena or subpoenas to the Court so efforts can be made to find
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the identities of the Doe defendants or plaintiff shall inform the Court of the identities if he has
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discovered that information. Failure to respond will result in this case being dismissed. Plaintiff’s
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motion to correct a mistake (Docket No. 73) is DENIED because plaintiff must provide the
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subpoenas to the Court for service and he was not provided subpoenas to depose a party.
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IT IS SO ORDERED.
Dated: December 14, 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 December 14, 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: December 14, 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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