Jiles v. Southern Desert Correctional Center et al

Filing 24

ORDER denying ECF No. 17 Motion for Order to Obtain to Support Discovery. Signed by Magistrate Judge George Foley, Jr on 6/21/16. (Copies have been distributed pursuant to the NEF - JC)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6
7
8
9
10

MAURICE JILES,

)
)
Plaintiff,
)
)
v.
)
)
OFFICER C/O ROBERSON,
)
)
Defendant.
)
)
_______________________________________ )

2:15-cv-00317-RFB-GWF
ORDER

11

This matter is before the Court on Plaintiff’s Motion for Order to Obtain to Support Discovery

12

Medical Records from Valley Hospital (ECF No. 17), filed June 8, 2016. Defendant filed his Response

13

on June 20, 2016. (ECF No. 23).

14

Although Courts broadly construe pleadings filed by pro se litigants, even pro se litigants must

15

comply with the Federal Rules of Civil Procedure. See Balistreri v. Pacifica Police Dep’t., 901 F.2d

16

696, 699 (9th Cir.1990); see also Carter v. Comm’r of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir.

17

1986). Pro se litigants are not treated more favorably than parties with attorneys of record and are

18

expected to abide by the rules of the court in which litigation proceeds. Carter, 784 F.2d at 1008.

19

Pleadings by pro se litigants, regardless of deficiencies, should only be judged by function, not form.

20

Haines v. Kerner, 404 U.S. 519, 521 (1972).

21

Even broadly construed, Plaintiff’s Motion fails procedurally. In his motion, Plaintiff requests

22

an order directing Valley Hospital to provide copies of Plaintiff’s medical records. Plaintiff’s Motion,

23

(ECF No. 17), page 2. Although the Court is in no way identifying all of the rules and procedures that

24

Plaintiff must follow, Rule 45 of the Federal Rules of Civil Procedure governs and sets forth the duties

25

and obligations regarding issuance of subpoenas. Plaintiff may serve a subpoena on a third-party to

26

obtain documents relevant to his case. See Fed. R. Civ. Pro. 45. If a subpoena is not complied with

27

when required, the Court may then intervene. Id. Rule 26 of the Federal Rules of Civil Procedure sets

28

forth the general provisions governing discovery. Plaintiff should carefully review the Federal Rules

1

of Civil Procedure and the Local Rules of Practice for the District of Nevada to ensure that he follows

2

the appropriate procedures. Accordingly,

3
4
5

IT IS HEREBY ORDERED that Plaintiff’s Motion for Order to Obtain to Support Discovery
Medical Records from Valley Hospital (ECF No. 17) is denied.
DATED this 21st day of June, 2016.

6
7
8

_________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2