Samuels v. Adame et al
Filing
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ORDER DENYING Plaintiff's 42 Motion For Inspection, signed by Magistrate Judge Dennis L. Beck on 11/29/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT EARL SAMUELS,
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CASE NO. 1:09-CV-1320-AWI-DLBPC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
FOR INSPECTION
v.
(DOC. 42)
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G. ADAME, et al.,
Defendants.
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Plaintiff Robert Earl Samuels (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding
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against Defendants G. Adame, C Farnsworth, P Gentry, B Medrano, R. Nicholas, F. Rivera, E
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Sailer, D Snyder. Pending before the Court is Plaintiff’s motion to inspect pursuant to Rule 34(a)
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of the Federal Rules of Civil Procedure, filed October 13, 2011. Doc. 42.
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Plaintiff requests that either the Court provide an independent representative, or a
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protective order be issued so that photographs of Building 3 at California Correctional Institution
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Facility A can be obtained. Pl.’s Mot. 1.
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Plaintiff is requesting that the Court intervene in the discovery process. The Court is not
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typically involved in discovery until a motion to compel is filed. See Fed. R. Civ. P. 37. Plaintiff
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has not demonstrated whether he attempted to request inspection from Defendants or some third
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party prior to seeking the Court’s assistance, as required by Rule 37(a)(3).
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The Court cannot expend government funds on Plaintiff’s behalf without congressional
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authorization, even if Plaintiff is proceeding in forma pauperis. See Tedder v. Odel, 890 F.2d
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210, 211 (9th Cir. 1989) (per curiam) (citing United States v. MacCollom, 426 U.S. 317, 321
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(1976)). The Court will not provide an independent representative to assist Plaintiff in obtaining
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this discovery as no such congressional authorization exists.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for inspection, filed
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October 13, 2011, is denied.
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IT IS SO ORDERED.
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Dated:
3b142a
November 29, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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