Soto

I. INTRODUCTION

18 Plaintiff Francisco Vega, Jr., is a state prisoner proceeding pro se in this civil rights 19 action. This case proceeds on Plaintiff’s First Amendment retaliation claims against Defendants Soto, Noujaime, and Borba. (ECF No. 15). This matter is before the Court on two of Plaintiff’s motions concerning a non-party’s (Javier Robles) failure to attend his deposition. First, Plaintiff moves to modify the scheduling order to extend the non-expert discovery deadline so that he may depose Robles. (ECF No. 121). Second, Plaintiff moves to enforce the subpoena, asking that he be permitted to depose Robles on June 20, 2024, and “that the Court Marshals take measures which will ensure witness Robles’ attendance.” (ECF No. 123, p. 2 – minor alterations). As explained below, the Court will grant Plaintiff’s motion to modify the case schedule and deny, without prejudice, his motion to enforce the subpoena. \\\ 28 II. BACKGROUND On February 28, 2024, the Court issued an order permitting Plaintiff to fill out and return for service by the United States Marshals Service a subpoena to compel non-party Javier Robles to…