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Smith v. Crones

July 28, 2009

JARMAAL LARONDE SMITH, PLAINTIFF,
v.
LEANN CRONES, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

On July 8, 2009, this Court ordered non-party High Desert State Prison Warden, Mike McDonald, to file a response to Plaintiff's motion for the issuance of a subpoena duces tecum. (Doc. 62), if any, on or before July 17, 2009. Warden McDonald has filed no opposition or other response to Plaintiff's motion.

On July 17, 2009, Plaintiff filed a motion to stay the motion for summary judgment filed by Defendant Simmerson, pending Warden McDonald's response to the subpoena duces tecum, requesting certain documents needed by Plaintiff in order to file an opposition to that motion. (Doc. 67).

Accordingly, good cause showing, it is HEREBY ORDERED THAT:

1. Plaintiff's motion for the issuance of a subpoena duces tecum is granted;

2. The Clerk is directed to issue and serve the attached subpoena by mail on Mike McDonald, Warden High Desert State Prison P.O. Box 750 Susanville, CA 96127-0750

3. Defendant Simmerson shall file a response, if any, to Plaintiff's motion to stay Defendant Simmerson's motion for summary judgment, if any, on or before August 3, 2009.

20090728

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