IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 4, 2009
PETER DALE GRAVES, PLAINTIFF,
B. WILLIAMS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On December 23, 2008, the court issued an order providing plaintiff with a blank subpoena to obtain copies from his prison medical file. Plaintiff was ordered to return the subpoena properly filled out, and the court would forward it to the United States Marshal for service. Plaintiff has returned the subpoena to obtain copies from his prison medical file. He has also submitted a subpoena to obtain copies of his medical records from U.C. Davis Medical Center.*fn1
It appears to the court that discovery should be about complete in this matter. Discovery has been opened and proceeding since July 26, 2007. (See Doc. 23). However, due to delays in serving the defendants in this matter, no scheduling order issued prior to the defendants filing motions for summary judgment. Therefore, the court now finds it necessary to set a schedule for the parties to complete any outstanding discovery. Any new discovery requests shall be served no later than March 30, 2009. Any motions necessary to compel discovery responses and/or further responses shall be filed by May 29, 2009. Following the closure of discovery, the court will order plaintiff to file his response in opposition to the pending motions for summary judgment.*fn2
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to issue the subpoenas plaintiff has provided for obtaining copies and/or inspection of his medical records, addressed to Mule Creek State Prison Medical Department and U.C. Davis Medical Center;
2. The Clerk of the Court is further directed to forward the above noted subpoenas and a copy of this order to the United States Marshal for service;
3. Within twenty days of the date of this order, the United States Marshal is directed to serve the subpoenas on the appropriate entity in accordance with the provisions of Federal Rule of Civil Procedure 45;
4. Any new requests for discovery shall be served on the opposing party no later than March 30, 2009; and
5. Any motions necessary to compel discovery responses shall be filed no later than May 29, 2009.