Ortega v. Giamalvo

Filing 46

ORDER by Judge Saundra Brown Armstrong DENYING WITHOUT PREJUDICE 33 Motion for Subpoena Duces Tecum (lrc, COURT STAFF) (Filed on 10/28/2009) Modified on 10/29/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 LAZARUS A. ORTEGA, 7 8 vs. Plaintiff, Case No: C 07-4436 SBA ORDER DENYING PLAINTIFF'S PRO SE MOTION FOR SUBPOENA DUCES TECUM Docket 33 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

9 DEPUTY GIAMALVO, et al., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 26, 2009 Defendant.

Plaintiff previously filed a motion for the issuance of a subpoena duces tecum in which he requested Defendants to produce (1) photographs of the "crime scene," (2) documents relating to grievances and (3) his medical and psychiatric records. The motion appears to be a discovery request. Plaintiff filed the instant motion while he was pro se. However, the Court recently appointed counsel to represent him in this action. As such, given that development, coupled with the procedural impropriety of Plaintiff's discovery request, the Court DENIES Plaintiff's motion for the issuance of a subpoena duces tecum, without prejudice to Plaintiff presenting an appropriate discovery request through counsel. This Order terminates Docket No. 33. IT IS SO ORDERED.

____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge