ORDER AND NOTICE AUTHORIZING ISSUANCE OF SUBPOENA DUCES TECUM DIRECTING PRODUCTION OF DOCUMENTS BY CDCR SECRETARY DR. BEARD

(Doc. 121, 144, and 145)

ORDER DIRECTING CLERK'S OFFICE TO SERVE COPY OF SUBPOENA WITH ORDER

SHEILA K. OBERTO, Magistrate Judge.

Plaintiff Darren Harris, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 3, 2005. This action is proceeding on Plaintiff's fourth amended complaint against Defendants Olivarria, Williams, and Kim for violation of the Eighth Amendment, and against Defendants Olivarria and Lowden for violation of the First Amendment.

On July 18, 2014, in compliance with the Court's order of July 9, 2014, Plaintiff filed a notice identifying those documents he seeks from third party Jeffrey Beard, Ph.D, Secretary of the California Department of Corrections and Rehabilitation. (Docs. 144, 145.) Pursuant to the Court's orders of November 26, 2013, and July 9, 2014, Plaintiff is entitled to seek only those documents which are responsive to document production requests ("PODs") 6 and 10, as limited by the Court in its order of November 26, 2013.1 (Docs. 121, 144.)

The record reflects that Defendants produced all of the responsive documents within their possession, custody, or control, but additional documents not within their possession, custody, or control may exist, and Defendants expressed their non-opposition to the issuance of a third-party subpoena. Fed. R. Civ. P. 34(a), 45. (Doc. 127-1, Def. Opp. to Sanctions Motion, court record pp. 12-13.) For the reasons discussed in the order filed on July 9, 2014, the Court finds that it is in the interest of justice to authorize the issuance of a subpoena duces tecum commanding Dr. Beard to produce those documents which are responsive to PODs 6 and 10, if any exist. However, some of the documents identified by Plaintiff in his notice clearly fall outside of the scope of PODs 6 and 10, and those documents will be excluded from the subpoena.2

Pursuant to Federal Rule of Civil Procedure 45(a)(4), this order serves as notice to the parties that the United States Marshal will be directed to initiate service of the subpoena following the passage of ten days from the date of service of this order, and a copy of the subpoena shall be provided with this order.

Accordingly, based on the foregoing, it is HEREBY ORDERED that:

IT IS SO ORDERED.

Attachment 1

You are commanded to produce and permit inspection and copying of the following documents, including but not limited to documents which are retained in paper, electronically stored, preserved in microfiche, etc.

No. 1: Produce all documents relating to and generated by the incident on July 9, 2002, at California State Prison-Corcoran, B Facility Kitchen, in which Darren Harris, J-12467, was (1) injured by the liquid "powerwash" soap he was cleaning with and (2) subsequently charged with refusal to work, including but not limited to incident reports, investigatory reports, witness statements, memoranda, Harris's CDCR 602 inmate appeals, CDCR 115 Rules Violation Reports, worker's compensation documents, documentation of chemical exposure, and medical records.

No. 2: Produce all institutional safety training logs or other documents relating to training received by prison staff members and defendants (1) Aleesa D. Williams, (2) Rhonda Lowden, (3) Julian Kim, M.D., and (4) Kenneth A. Olivarria which relate to training they received or should have received as employees in or supervisors over the kitchen(s) at California State Prison-Corcoran, for the two-year period immediately preceding July 9, 2002.