Lambertson v. Lewis et al

Filing 75

ORDER DISMISSING CASE. Signed by Judge James Donato on 1/17/17. (lrcS, COURT STAFF) (Filed on 1/17/2017)

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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 United States District Court Northern District of California 11 Case No. 12-cv-05122-JD ORDER DISMISSING CASE v. G. D. LEWIS, Defendant. 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. Docket Nos. 60, 64, 72. Plaintiff was informed that he 20 should fill out the subpoenas and return them to the Court so that the Clerk may issue the 21 subpoena and the Marshal may serve it on the subpoenaed party. Plaintiff was told that he needed 22 to fill in all of the necessary information, but must leave the signature line blank so that the Clerk 23 may sign it. This is because as a pro se litigant, plaintiff needs the Court’s Clerk to issue a 24 subpoena. Fed. R. Civ. P. 45(a)(3). 25 Plaintiff has still not returned the subpoenas to the Court. On December 14, 2016, plaintiff 26 was provided 21 days to either return the subpoenas to the Court or inform the Court of the 27 identities if he had discovered that information. He was informed that failure to respond would 28 result in dismissal of this case. 1 The time to respond has passed and plaintiff has failed to return the subpoenas, inform the 2 Court of the identities of the defendants, or otherwise communicate with the Court. Because 3 plaintiff has failed to comply with Court orders or prosecute this case over many months, this 4 action is DISMISSED pursuant to Fed. R. Civ. P. 41(b). The clerk shall close this case. 5 6 IT IS SO ORDERED. Dated: January 17, 2017 7 8 JAMES DONATO United States District Judge 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 January 17, 2017, 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: January 17, 2017 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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