James Ellsworth v. Prison Health Services Incorpo

MEMORANDUM

James Jackson Ellsworth, proceeding pro se, filed a complaint against defendants Prison Health Services, Inc. (PHS) and Dr. Kirsten Mortensen, alleging that they were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. We review for abuse of discretion the district court’s evidentiary and case management rulings. R & R Sails, Inc. v. Ins. Co. of Pa., 673 F.3d 1240, 1245 (9th Cir. 2012); GCB Commc’ns, Inc. v. U.S. S. Commc’ns, Inc., 650 F.3d 1257, 1262 (9th Cir. 2011). We review de novo its legal rulings. Summers v. Delta Air Lines, Inc., 508 F.3d 923, 926 (9th Cir. 2007). We affirm.

The district court did not abuse its discretion by granting PHS’s motion for a protective order, to strike sensitive documents attached to one of Ellsworth’s public filings, and to require Ellsworth to return the documents. R & R Sails, Inc., 673 F.3d at 1245 . Ellsworth failed to give prior notice to the defendants that he was serving a subpoena on a third party, and PHS could claim a personal interest in the disclosed documents. Fed. R. Civ. P. 26, 45.

The district court did not abuse its discretion by declining to serve subpoenas for records on…