Barnett v. Norman, et al.
Filing
105
ORDER Denying Plaintiff's 87 Motion to Compel Personnel Records signed by Magistrate Judge Gerald B. Cohn on 06/24/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TROAS V. BARNETT,
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CASE NO. 1:05-cv-01022-GBC (PC)
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL PERSONNEL RECORDS
v.
(Doc. 87)
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DAVID NORMAN, et al.,
Defendants.
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Troas V. Barnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this
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action on August 9, 2005. (Doc. 1). On July 20, 2010, the Court issued a Discovery/Scheduling
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Order establishing a deadline of March 20, 2011, for completion of discovery, including motions to
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compel, and a deadline of May 31, 2011, for filing pretrial dispositive motions. (Docs. 59, 77). On
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November 12, 2010, Plaintiff filed a motion to compel production of personnel records from
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Defendants. (Doc. 87). On December 10, 2010, Defendants filed an opposition. (Doc. 89). On
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January 18, 2011, Plaintiff filed a reply. (Doc. 95).
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Plaintiff is requesting that the Court issue an order requiring Defendants to produce personnel
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records. However, Plaintiff must first request discovery from Defendants and if Defendants fail to
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make a disclosure required by Rule 26(a) of the Federal Rules of Civil Procedure, then Plaintiff may
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seek a motion to compel. See Fed.R.Civ.P. 37(a)(1) and (a)(3)(A). In addition, Plaintiff may request
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issuance of subpoenas from the Clerk of Court pursuant to Rule 45(a)(3). Plaintiff’s in forma
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pauperis status will not relieve him from the payment of fees or expenses associated with the
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subpoenas. See Tedder v. Odel, 890 F.2d 210, 211-212 (9th Cir.1989). Plaintiff must first serve the
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subpoenas, and if the subpoenaed parties do not comply, then Plaintiff may file a motion to compel
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those parties to comply with the subpoenas.
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Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s motion to compel
production of personnel records, filed November 12, 2010, is DENIED. (Doc. 87).
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IT IS SO ORDERED.
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Dated:
0jh02o
June 24, 2011
UNITED STATES MAGISTRATE JUDGE
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