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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN D. LAMBERTSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 12-cv-05122-JD

ORDER DISMISSING CASE

v.
G. D. LEWIS,
Defendant.

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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. Docket Nos. 60, 64, 72. Plaintiff was informed that he

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should fill out the subpoenas and return them to the Court so that the Clerk may issue the

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subpoena and the Marshal may serve it on the subpoenaed party. Plaintiff was told that he needed

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to fill in all of the necessary information, but must leave the signature line blank so that the Clerk

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

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subpoena. Fed. R. Civ. P. 45(a)(3).

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Plaintiff has still not returned the subpoenas to the Court. On December 14, 2016, plaintiff

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was provided 21 days to either return the subpoenas to the Court or inform the Court of the

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identities if he had discovered that information. He was informed that failure to respond would

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result in dismissal of this case.

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The time to respond has passed and plaintiff has failed to return the subpoenas, inform the

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Court of the identities of the defendants, or otherwise communicate with the Court. Because

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plaintiff has failed to comply with Court orders or prosecute this case over many months, this

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action is DISMISSED pursuant to Fed. R. Civ. P. 41(b). The clerk shall close this case.

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IT IS SO ORDERED.
Dated: January 17, 2017

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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 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.

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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: January 17, 2017

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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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