Parrish v. Solis et al

Filing 32

ORDER by Judge Lucy H. Koh denying 27 Motion to receive declaration from prisoners (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 10/14/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 KAHEAL PARRISH, 12 13 14 15 Plaintiff, v. A. SOLIS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. C 11-1438 LHK (PR) ORDER DENYING PLAINTIFF’S MOTION TO RECEIVE DECLARATION FROM PRISONERS 16 Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 17 U.S.C. § 1983. Defendants’ dispositive motion is currently due on October 21, 2011. Plaintiff 18 has filed a motion to receive declarations from prisoners. Specifically, Plaintiff requests that the 19 Court override prison rules, and order the prison to permit Plaintiff to discover the names and 20 locations of potential inmate witnesses, as well as interview those inmates, in order to obtain 21 declarations from them. 22 The Court does not conduct investigations or discovery on behalf of a litigant. Plaintiff 23 needs to prepare his own subpoenas, and make his own arrangements to pay any witness fees and 24 travel costs for those subpoenaed. The Court generally is not involved in the discovery or 25 investigative process and only becomes involved when there is a dispute between the parties 26 about discovery responses. Discovery requests and responses normally are exchanged between 27 the parties without any copy sent to the court. See Fed. R. Civ. P. 5(d) (listing discovery 28 Order Denying Plaintiff’s Motion to Receive Declarations from Prisoners P:\PRO-SE\SJ.LHK\CR.11\Parrish438decl.wpd 1 requests and responses that “must not” be filed with the court until they are used in the 2 proceeding or the court orders otherwise). 3 Accordingly, Plaintiff’s motion is DENIED. This order terminates docket number 27. 4 IT IS SO ORDERED. 5 6 DATED: 10/14/11 LUCY H. KOH United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Plaintiff’s Motion to Receive Declarations from Prisoners 2 P:\PRO-SE\SJ.LHK\CR.11\Parrish438decl.wpd

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