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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KAHEAL PARRISH,

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Plaintiff,
v.
A. SOLIS, et al.,
Defendants.

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No. C 11-1438 LHK (PR)
ORDER DENYING
PLAINTIFF’S MOTION TO
RECEIVE DECLARATION
FROM PRISONERS

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Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42
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U.S.C. § 1983. Defendants’ dispositive motion is currently due on October 21, 2011. Plaintiff
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has filed a motion to receive declarations from prisoners. Specifically, Plaintiff requests that the
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Court override prison rules, and order the prison to permit Plaintiff to discover the names and
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locations of potential inmate witnesses, as well as interview those inmates, in order to obtain
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declarations from them.
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The Court does not conduct investigations or discovery on behalf of a litigant. Plaintiff
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needs to prepare his own subpoenas, and make his own arrangements to pay any witness fees and
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travel costs for those subpoenaed. The Court generally is not involved in the discovery or
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investigative process and only becomes involved when there is a dispute between the parties
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about discovery responses. Discovery requests and responses normally are exchanged between
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the parties without any copy sent to the court. See Fed. R. Civ. P. 5(d) (listing discovery
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Order Denying Plaintiff’s Motion to Receive Declarations from Prisoners
P:\PRO-SE\SJ.LHK\CR.11\Parrish438decl.wpd

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requests and responses that “must not” be filed with the court until they are used in the

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proceeding or the court orders otherwise).

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Accordingly, Plaintiff’s motion is DENIED. This order terminates docket number 27.

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IT IS SO ORDERED.

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DATED:

10/14/11
LUCY H. KOH
United States District Judge

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Order Denying Plaintiff’s Motion to Receive Declarations from Prisoners
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P:\PRO-SE\SJ.LHK\CR.11\Parrish438decl.wpd