UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 10, 2013
GEORGE H. ROBINSON, PLAINTIFF,
D. G. ADAMS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER DENYING PLAINTIFF'S MOTION FOR SUBPOENA (ECF No. 171)
Plaintiff George H. Robinson ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint against Defendants David, Miranda, Melo, Garcia, Mendoza, Martinez and Masiel for use of excessive force in violation of the Eighth Amendment; against Defendants Adams and Ruiz for failure to protect in violation of the Eighth Amendment; and against Defendants Martinez, David, Miranda and Garcia for assault and battery in violation of state law.
On April 11, 2013, Plaintiff filed a subpoena addressed to Jeffrey Beard, Director of CDCR, and the California Department of Corrections and Rehabilitation for the production of documents. (ECF No. 171.) The Court construes this filing as a motion for issuance of a third-party subpoena. Plaintiff's motion is untimely.
Discovery in this matter is closed. On August 6, 2012, the Court re-opened discovery in this matter solely to allow Plaintiff to propound ten (10) interrogatories each to Defendants David, Miranda and Martinez. (ECF No. 145.) No other discovery has been permitted. Accordingly,
Plaintiff's motion for issuance of a subpoena to non-party Jeffrey Beard and/or the California Department of Corrections and Rehabilitation is DENIED.
IT IS SO ORDERED.
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