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)

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