IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 22, 2012
WILLIAM YOUNG SUTHERLAND, PLAINTIFF,
S. HERRMANN, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On April 5, 2012, plaintiff filed a motion for an order allowing him to serve subpoenas duces tecum on non-parties to this action. Discovery is closed in this action and defendants have filed a motion for summary judgment. Plaintiff's motion for an order allowing service of subpoenas duces tecum on non-parties to this action will be denied without prejudice to plaintiff's right to file, as appropriate, a request pursuant to Federal Rule of Civil Procedure 56(d) in opposition to the pending motion for summary judgment.
In accordance with the above, IT IS HEREBY ORDERED that plaintiff's April 5, 2012 motion (Docket No. 94) is denied without prejudice.
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