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Carter v. Dawson

October 30, 2010

LON CARTER, PLAINTIFF,
v.
WARDEN NICK DAWSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTIONS

(Docs. 42, 45, 48, 53, 54, 56, 64, 73, 74)

Plaintiff Lon Carter ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court are several motions from Plaintiff.

I. Discussion

A. Plaintiff's April 12, 2010 Motion Requesting Witness Subpoena Forms

On April 12, 2010, Plaintiff filed a motion requesting five blank subpoena forms for the purpose of summoning witnesses to testify at trial. (Doc. #42.) Plaintiff's motion is premature. This matter is not yet scheduled for trial. In the event that this action proceeds to trial, the Court will provide Plaintiff with the necessary instructions for obtaining the attendance of witnesses to testify on his behalf. The Court will deny Plaintiff's April 12, 2010 motion.

B. Plaintiff's April 19, 2010 Motion Requesting the Production of Documents

On April 19, 2010, Plaintiff filed a motion requesting that the Court order the defendants in this action ("Defendants") to produce certain documents. (Doc. #45.) Plaintiff is advised that discovery is generally a self-executing process and that document production requests must be served directly on the adverse parties. Plaintiff does not file document production requests through the Court. Accordingly, Plaintiff's April 19, 2010 motion will be denied.

C. Plaintiff's June 9, 2010 Motion for Court Assistance

On June 9, 2010, Plaintiff filed a motion requesting "assistance to obtain pertainent[sic] documents for purposes of deposition." (Doc. #48.) Plaintiff claims that he filed a request to the prison's litigation coordinator requesting information on the whereabouts of the custodians in possession of documents needed by Plaintiff for his deposition. Plaintiff requests the Court's assistance in locating and identifying the health inspector for Avenal State Prison, the health inspector's supervisor, the "custodian of records" for the Avenal State Prison health inspection records, the "custodian of records" for the Avenal State Prison "plant of operations work orders," and the supervisors for the Avenal State Prison "custodian of records."

Plaintiff is advised that the Court cannot assist Plaintiff with litigating this action. Plaintiff has not cited any authority that permits the Court to provide the assistance that Plaintiff requests. Plaintiff's June 9, 2010 motion will be denied.

D. Plaintiff's July 26, 2010 Motion for Opposition and Default

On July 27, 2010, Plaintiff filed a motion for "opposition and or default." (Doc. #53.) Plaintiff's motion is intended to be construed as an opposition to Defendants' July 14, 2010 motion requesting an extension of time to respond to Plaintiff's motion to compel. The Court already granted Defendants' motion for an extension of time and Plaintiff fails to set forth any persuasive argument ...


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