Lambertson v. Lewis et al

Filing 74

ORDER by Judge James Donato denying 73 Motion to Correct Mistake.. (lrcS, COURT STAFF) (Filed on 12/14/2016)

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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 ORDER DENYING MOTION v. Re: Dkt. No. 73 G. D. LEWIS, Defendant. 11 United States District Court Northern District of California Case No. 12-cv-05122-JD 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 was also sent Court document subpoenas with 19 instructions on three separate occasions. Plaintiff was informed that he should fill out the 20 subpoenas and return them to the Court so that the Clerk may issue the subpoena and the Marshal 21 may serve it on the subpoenaed party. Plaintiff was told that he needed to fill in all of the 22 necessary information, but must leave the signature line blank so that the Clerk may sign it. This 23 is because as a pro se litigant, plaintiff needs the Court’s Clerk to issue a subpoena. Fed. R. Civ. 24 P. 45(a)(3). 25 Plaintiff has still not returned the subpoenas to the Court. Within twenty-one (21) days 26 plaintiff shall either return the subpoena or subpoenas to the Court so efforts can be made to find 27 the identities of the Doe defendants or plaintiff shall inform the Court of the identities if he has 28 discovered that information. Failure to respond will result in this case being dismissed. Plaintiff’s 1 motion to correct a mistake (Docket No. 73) is DENIED because plaintiff must provide the 2 subpoenas to the Court for service and he was not provided subpoenas to depose a party. 3 4 IT IS SO ORDERED. Dated: December 14, 2016 5 6 JAMES DONATO United States District Judge 7 8 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 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. 16 17 18 John D. Lambertson ID: V92821 Kern Valley State Prison P.O. Box 5103 Delano, CA 93216 19 20 21 Dated: December 14, 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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