Jones # 202414 v. Forbs et al

Filing 21

ORDER that Plaintiff's subpoena received on 7/17/12 18 , is QUASHED and shall not be served. Signed by Magistrate Judge Lawrence O Anderson on 7/20/12. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Theodore Jacob Jones,

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Plaintiff,
vs.

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Forbs, et. Al,
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Defendant.
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No. CV-12-435-PHX-SRB (LOA)
ORDER

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This matter arises on the submission of Plaintiff’s subpoena for service on Charles
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L. Ryan, received on July 17, 2012. (Doc. 18).
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On July 10, 2012, Plaintiff filed a Motion to Order the Arizona Department of
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Corrections to furnish the address of Defendant A. Sanchez to Plaintiff. (Doc. 13) The Court
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denied Plaintiff’s request on July 13, 2012, and instead ordered Plaintiff to discover by
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subpoena or otherwise the service information for Defendant Sanchez. (Doc. 16) The Court
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further ordered that the Clerk of Court send Plaintiff five subpoenas in blank to assist
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Plaintiff in the discovery of Defendant Sanchez’s current address. Plaintiff has been granted
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in forma pauperis status. (Doc. 7). Title 28 U.S.C. § 1915(d) provides that officers of the
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court shall issue and serve all process in in forma pauperis cases. However, in this case, the
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subpoena returned by Plaintiff exceeded the scope of the Court’s order and sought discovery
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unrelated to Defendant Sanchez’s address, such as, incident, disciplinary, and medical
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reports. Therefore, the Court will quash the subpoena, doc. 18, received by Plaintiff and
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order Plaintiff to file a proper subpoena in accordance with the Court’s July 10, 2012 order

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which only allows Plaintiff to seek information relating to the last known address of

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Defendant Sanchez.

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Accordingly,

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IT IS ORDERED that Plaintiff’s subpoena received on July 17, 2012, doc. 18, is

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QUASHED and shall not be served.
Dated this 20th day of July, 2012.

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