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Jeffrey Bryan Norsworthy v. Rivers

March 29, 2013

JEFFREY BRYAN NORSWORTHY,
PLAINTIFF,
v.
RIVERS, DEFENDANT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are the following discovery-related motions:

Doc. 47 Plaintiff's motion "to receive referenced documents." Plaintiff seeks an order directing defendants to provide him with documents referenced in defendant's request for early settlement conference.

Doc. 62 Plaintiff's motion for "permission to file witness & party interrogatories/ affidavits." Plaintiff seeks an order permitting him to submit questions to various individuals, one of which is defendant Rivers.

Doc. 72 Plaintiff's motion to compel discovery. Plaintiff states that he has not received any responses to discovery requests served on defendant on 6-27-2012. Defendant has filed opposition at Doc. 75.

Doc. 73 Plaintiff's motion for an order directing the Clerk of the Court to issue subpoenas and directing the USM to serve the subpoenas. Defendant has filed opposition at Doc. 77.

Doc. 74 Plaintiff's motion to compel discovery. Defendant has filed opposition at Doc. 76.

Doc. 82 Defendant's motion to compel.

Doc. 85. Plaintiff's motion for an extension of time. Defendant has filed opposition at Doc. 86.

I. PROCEDURAL HISTORY

This action proceeds on the amended complaint filed May 21, 2010. Rivers is the only remaining defendant. Defendant Rivers filed an answer to the amended complaint on June 14, 2012. On June 21, 2012, the court issued a scheduling order for this case. That order specified that all discovery requests were to be served by October 22, 2012, with any motions to compel filed within 60 days of this cut-off date.

II. DISCUSSION

Plaintiff's Motion to "Receive Referenced Documents" (Doc. 47) -- Plaintiff seeks production of copies of documents referenced in defendant's May 11, 2012, motion for an extension of time and for referral to mediation.*fn1 In the May 11, 2012, motion, defendant's counsel states: "On April 26, 2012, my assistant requested from the California Department of Corrections and Rehabilitation documents and information relevant to this lawsuit" and "After reviewing the documents and information relevant to this lawsuit, I believe this case is a good candidate for an early settlement conference through the Court's Pro Se Mediation Program." Plaintiff apparently seeks these documents.

Plaintiff's request will be denied as an improper means of seeking discovery. If plaintiff wanted access to the documents references in defendant's motion, he could have served discovery requests on defendant. To the extent plaintiff seeks an order compelling production of the referenced documents, plaintiff's motion to compel is addressed below.

Plaintiff's Motion for "Permission to File Witness & Party Interrogatories/ Affidavits" (Doc. 62) -- Plaintiff seeks leave of court to "ask questions" of various non-party witnesses, as well as defendant Rivers. Again, plaintiff's motion will be denied as an improper means of seeking discovery. To the extent plaintiff seeks defendant Rivers' answers to specific questions, he could have served interrogatories. To the extent plaintiff seeks to ask non-party witnesses specific questions, ...


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