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Nick Woodall v. State of California

March 28, 2011

NICK WOODALL,
PLAINTIFF,
v.
STATE OF CALIFORNIA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DIRECTING SERVICE OF SUBPOENA DUCES TECUM BY UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COST

Plaintiff Nick Woodall ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's complaint, filed December 22, 2008, against Defendants T. Gonzalez, T. Lawson, Olive, A. Raygosa, M. Sexton, and Valdez for violation of the Eighth Amendment. On March 10, 2011, the Court issued an order granting Plaintiff's motions for the issuance of a subpoena duces tecum and providing notice to the parties that the Court intended after fifteen days to issue the subpoenas and direct the United States Marshal to effect personal service. Fed. R. Civ. P. 45; 28 U.S.C. § 1915(d).

Accordingly, it is HEREBY ORDERED that:

1. The Clerk of Court shall forward the following documents to the United States Marshals Service:

A. One (1) completed and issued subpoena duces tecum to be served on: Raul Lopez, Associate Warden California State Prison at Corcoran 4001 King Avenue Corcoran, CA 93212

The Warden of California State Prison at Corcoran ("CSP-Cor") is directed to produce the following within thirty (30) days from the date of service of the subpoena:

(1) The CSP-Cor Facility 3A Second Watch Facility Sergeant's Post Orders, current as of September 13, 2007.

(2) The completed holding cell log relative to Plaintiff, dated September 13, 2007.

(3) The CSP-Cor's In-Service-Training (IST) Signature sheet reflecting Defendants T. Gonzales, T. Lawson, A. Olive, A. Raygosa, and M. Sexton receiving training relative to Operational Procedure #241 (Holding Cell Procedure), prior to September 13, 2007.

(4) The CSP-Cor Facility 3A Second Watch Daily Activity Log, dated September 13, 2007.

(5) The complete and unredacted Crime/Incident Report (CDCR Form 837) Incident Package, relative to the investigation and resultant search of Plaintiff's cell by Investigative Services Unit (ISU) in Housing Unit 3A01, cell # 125.

(6) Any and all documents, reports relative to the investigation which resulted in the searching of Plaintiff's cell in housing unit 3A01, cell #125, on September 13, 2007.

(7) The CSP-Cor First Watch Activity Log, dated September 12, 2007 and ...


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